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Aston Lawyer
Aston Lawyer, Solicitor
Category: Property Law
Satisfied Customers: 10632
Experience:  LLB(HONS) 23 years of experience in dealing with Conveyancing and Property Law
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A neighbour has recently replaced a stile on a footpath on

Resolved Question:

A neighbour has recently replaced a stile on a footpath on the boundary of his land and ours (which is farm land). For the first time, we now need access over the footpath, and we have an easement granted by the vendor of the land in 1923 for all purposes connected with he farm. This easement is registered at the Land Registry. The neighbour is asking for proof of our easement in the form of a copy of the original conveyance document which we don't have. Can he contest our right of way and refuse to remove the stile (which I believe he has erected on our land)?
Submitted: 1 year ago.
Category: Property Law
Expert:  Aston Lawyer replied 1 year ago.

Hi,

Thanks for your enquiry.

The Land Registry Official copies is evidence of who owns a property and what rights exist for the benefit of the property. So, the fact that the right of way is shown in your Official Copies is evidence (and the only evidence) that you need to prove that the right of way exists, and the neighbouring owner can not insist on seeing the original Conveyance (the original Conveyance Plan may depict the exact extent of the right of way, but this document is not required to prove evidence that the right exists).

If he were to prevent you using the right of way, you would be entitled to obtain an Injunction against him at Court. This of course would be very expensive, and I would suggest that a sternly written letter from a local Solicitor, would do the trick for you, if the neighbour remains obtrusive.

I hope this assists and sets out the legal position.

Kind Regards

Al

Customer: replied 1 year ago.
That's very helpful - thank you! Presumably i should not just remove the barrier myself, even if it's probably on our land?
Expert:  Aston Lawyer replied 1 year ago.

Hi,

Thanks for your reply.

You are correct- I'm afraid you shouldn't remove it, as this may be seen as criminal damage!

If I have helped, I would be grateful if you could rate my answer.

Kind Regards

Al

Aston Lawyer and other Property Law Specialists are ready to help you
Customer: replied 1 year ago.
Noted - thank you! Rating duly given. Thanks for your help.
Peter