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Ask Michael Holly Your Own Question
Michael Holly
Michael Holly, Solicitor
Category: Property Law
Satisfied Customers: 6813
Experience:  BA honours degree in law, over 20 years experience in litigation, contract and property matters
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We are trying to find out about right of way across our property.There

Customer Question

We are trying to find out about right of way across our property.There is an entry which we believe is for access. The corner property is a shop and they purchased the house next door, then we are 3 terraced houses. The shop has bricked in the doorway and window at the back of the property so the only access to the living accommodation above both the shop and house is through a doorway in the shop which means the tenants in the accommodation have cross our properties. Surely if you own 2 properties the ONLY access cannot be across 3 neighbours properties. It would be most helpful if you could advise on this or point us in the right direction. When purchasing the property next to them the ladies solicitor has pointed out that the title deeds do not grant any right of way over neighbouring land.On the land registry title plan the property is bordered in red without any break.
Many Thanks,
Peter Gadsby
Submitted: 1 year ago.
Category: Property Law
Expert:  Michael Holly replied 1 year ago.
There is no right of way.The deeds would show the right of way both stating the land is subject to a right of way and indicating its path on the index map. Often, who has the benefit of the right of way is also stated.I would write to the owner of the shop and advise them that you do not believe that a right of way exists and that unless they can produce evidence that it does exist you will block it in, say, 14 days which will give them time to either produce any evidence they may have or make alternative arrangements on their own land .I hope this helps, if there are any further points please respond and I will be happy to reply.Best wishesMichael
Customer: replied 1 year ago.
Hi Michael, Thankyou so much for your reply. We have written to the shop before to no avail.
We are now getting the deeds to the next door property to see what they turn up. That should be tomorrow or Wednesday so I will bring you up to speed then.
Many Thanks for your help.
Peter
Expert:  Michael Holly replied 1 year ago.
Dear ***** My pleasure, the key, whether it is a legal situation or a tactical one is to try to retain control so you are not either waiting on someone or trying to force them to do something they do not want to do!.Hope it all works out , if not, you know where we are !!Best regardsMichael
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Customer: replied 1 year ago.
Thankyou Michael. When purchasing the property next to the shop and house next door, the now owners solicitor searched and could not find a legal right of way and in a letter to her said there is no right of way and advised her to take out an indemnity policy. This she was told would cover her if she passed by and a tile from one of the properties dropped onto her.
Surely this means that there is no right of way and probably only access to put bins out. I wonder what your thoughts are about this.
Many Thanks
Peter
Expert:  Michael Holly replied 1 year ago.
Dear ***** Yes, it confirms our view!Best regardsMichael
Customer: replied 1 year ago.
Hi Michael. Thanks for your help. We have now written and given 14 days to give us written proof that they have right of way.
I notice today that your company has taken another £42 from my account.
I thought I had 10 days free advice and a payment of £32 if satisfied. What is this new payment for? Whatever it is I want it cancelled and refunded as I don't need any further advice.
Many thanks,
Peter

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