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Thomas
Thomas, Solicitor
Category: Property Law
Satisfied Customers: 7620
Experience:  UK solicitor holding an England and Wales practising Certificate.
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A shared owned right of way has been blocked by the other

Resolved Question:

A shared owned right of way has been blocked by the other party I need a solicitor
Submitted: 1 year ago.
Category: Property Law
Expert:  Thomas replied 1 year ago.

Hi,

Can you please let me have the precise wording of the right of way?

Has your neighbour blocked the right of way? How have they blocked it?

Tom

Expert:  Thomas replied 1 year ago.

Hi,
Are you saying that your neighbour has remove your own gate on your own land?

Tom

Customer: replied 1 year ago.
The right of way access has had my own gate on the right of way which joins the neighbours front we have shared ownership
She has taken my gate away and has put double gates up it all looks like part of her garden
Customer: replied 1 year ago.
Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Live Phone Call. Let me know if you need more information, or send me the service offer(s) so we can proceed.
Expert:  Thomas replied 1 year ago.

Hi,

I cannot have a phone call I'm afraid.

Who's land was your gate on please? Yours or hers?

Tom

Customer: replied 1 year ago.
The shared owner ship on the pathway to the back of my house it's all clearly written & out lined on my deeds
Expert:  Thomas replied 1 year ago.

Okay, but are the double gates that she has installed located on part of your land (even though it is supposed to be a shared access)?

Do you have the precise wording of the right of way as stated on your land registry title?

Customer: replied 1 year ago.
As things stand the land does not belong to either party it is shared access. I have checked my deeds & I have the right of way .recently she has take my single gate down & put robust double gates up across the front of her house.
Which blocks my right of way
Customer: replied 1 year ago.
It will take me a little while to check the wording ... Can I contact you in a little while ?
Expert:  Thomas replied 1 year ago.

Hi

Thanks for your question. I will try to help.

Basically, it’s highly probable that the land with you gate on belongs to you or to her. With shared access, the land is generally split between two ownership (yours and hers) with rights granted to each of you over the others access.

If your gate was located on your land then she should not have removed the gate and you could enforce her reinstating the gate.

If your gate was located on her land (albeit that you have shared access) then she was probably within her rights to remove your gate or such part of your gate as was located on her land and replace it with her own gate. However, she would only be able to do this provided that your right of access through the gate was not affect. So, if the new gate is located on her land then she should provide you with a key to it. If the new gate is located on her land and you can already open it without a key then your right of access is not affected (because you are open it) and you probably would not be able to do anything about it.

My goal is to provide you with a good service. If you feel you have received anything less, please reply back. Please remember to leave positive feedback using the stars at the top of the page.

Kind regards,

Tom

Expert:  Thomas replied 1 year ago.

Hi

Is there any further information you require?

I just want to ensure that you are satisfied, so please let me know if you have any further queries on the information I have provided. If you have no further questions then please do leave positive feedback using the stars at the top of the page.

Kind regards,

Tom

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