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Ash
Ash, Solicitor
Category: Property Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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A strip of land to the side of my property some thirty yards

Customer Question

A strip of land to the side of my property some thirty yards long by 4 yards wide has been used by three owners including myself over the past 33 years as prescriptive rights along the whole length , another person has bought the lane that also includes the section used under prescriptive rights. he is now claiming full length and has blocked my access to the strip of land.
Do I have any rights and can I remove the blockade ?
regards
Ron Muffett
Submitted: 12 months ago.
Category: Property Law
Expert:  Ash replied 12 months ago.
Hello Rob my name is ***** ***** I will help you with this.On what basis has he removed your right? Have you spoken to him and set out you have used it for 33 years?
Customer: replied 12 months ago.
Hi my name is ***** ***** , yes this has been explained to him and the words used to tell me where to go are in printable he is a nasty piece of work and is not very well liked in this small village.
When I purchased this property it came with outlined planning permission in the corner of the property for a garage all be it it had lapsed but obviously the the intention was to use the lane. He has taken no notice
Expert:  Ash replied 12 months ago.
Apologies the writing is small on my Ipad and I am on the train!You need to get a Solicitor to write and set out your position, in that he cant just get rid of your right as it has been established for over 20 years.If he refuses you can seek an injunction to get access back. For this you would need to complete form N1:http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n001-eng.pdfAnd N16ahttp://hmctsformfinder.justice.gov.uk/courtfinder/forms/n016-eng.pdfThe Court would set it down for a hearing and decide whether to make an order requiring access. If the Court does and access is blocked, this is contempt of Court which he can be warned, fined or sent to prison.But you can remove the blockade as long as you do not damage anything, as this could be criminal damage.Can I clarify anything for you about this today please?Alex
Customer: replied 12 months ago.
Could you please clarify that I'm entitled to move the obstacle ie a skip, I would point out that the skip is extremely old and scratched and full of earth and I would also add that we as a family have had 4 cars damaged on this skip with an average value of repair at £150.00
Expert:  Ash replied 12 months ago.
Yes you can move this.
Expert:  Ash replied 12 months ago.
Does that clarify? Alex
Customer: replied 12 months ago.
I think so thanks but if I have the skip removed can I claim the cost against him and also the cost of repairs to the vehicles as where he placed the skip has restricted our vehicle turning area thus causing the damage
Regards
Ron
Expert:  Ash replied 12 months ago.
Yes you can do that if there has been damage as a direct result Ron.
Is helpful? Alex
Customer: replied 12 months ago.
Sorry I mixed two questions together, the first being can I claim the cost of having the skip removed.
Another thing he has threatened me with is that if I attempt to move it he will call the police and have me arrested?
Ron
Expert:  Ash replied 12 months ago.
1) Yes 2) You can only be arrested without a lawful excuse. You do have one which is the prescriptive right. Does that clarify? Alex
Customer: replied 12 months ago.
Very much so thank you very much
Regards
Ron
Expert:  Ash replied 12 months ago.
No problem Ron. If I could ask you to rate my answer before you go today please, otherwise the site doesn't credit me for the time spent with you. Alex
Ash, Solicitor
Category: Property Law
Satisfied Customers: 10916
Experience: Solicitor with 5+ years experience
Ash and other Property Law Specialists are ready to help you
Customer: replied 11 months ago.
Hi Alex
I'm still considering the free trial, in the mean time can I ask that the information received from you is admissible in a court of law. Also could I be so bold and ask you what your qualifications are?
Expert:  Ash replied 11 months ago.
This is a question and answer site and not to be considered legally binding advice, nor that which replaces a professional Solicitor client relationship. I am a Solicitor.Does that clarify?Alex
Customer: replied 11 months ago.
Yes thanks
Expert:  Ash replied 11 months ago.
Good. Enjoy the rest of bank holiday Monday! Alex

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