How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Jamie-Law Your Own Question
Jamie-Law
Jamie-Law, Solicitor
Category: Property Law
Satisfied Customers: 5024
Experience:  Solicitor
96104960
Type Your Property Law Question Here...
Jamie-Law is online now

I live in a terraced house the middle house of 5. there is

Resolved Question:

I live in a terraced house the middle house of 5. there is access from both side to the rear of the property via a through road that separates our houses and gardens/garages. One entrance to the through road is from the main road, the other is via another access road for the nest set of terraced house (set further back from the road, so our road is a turn off). The owners of the end house are planning to block all access from that side (the main road) by fencing off the road and creating a garden. Am I right in thinking they are not legally able to do this as it would be blocking our right of access (the main road entrance is also where refuse collections take place)?
Thanks
Submitted: 1 year ago.
Category: Property Law
Expert:  Jamie-Law replied 1 year ago.

Hello my name is ***** ***** I will help you with this.

How long as there been access for via this area please?

Customer: replied 1 year ago.
We have lived in the property since 2014, and access has always been available. Our garage was built in the 1970s (I have the planning permission) so I believe at least 30+ years. Also the back through road used to be the actual road when the houses were built in 1901. It had a different street name then, but would have been accessed from the main road.
Expert:  Jamie-Law replied 1 year ago.

Ok, then you have a prescriptive right of way under the Prescription Act 1832.

This means you have a right which is obtained after 20 years use and becomes absolute after 40 years use.

So yes, they can not legally do this as it would block your right.
Can I clarify anything for you about this today please?

Customer: replied 1 year ago.
no that was it thanks.
Expert:  Jamie-Law replied 1 year ago.

If I could ask you to rate my answer before you go today, by clicking on the 5 stars or happy face, otherwise the site does not pay me for the time spent with you today. Thank you in advance and good luck!

Jamie-Law and other Property Law Specialists are ready to help you