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Aston Lawyer
Aston Lawyer, Solicitor
Category: Property Law
Satisfied Customers: 10606
Experience:  LLB(HONS) 23 years of experience in dealing with Conveyancing and Property Law
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I have purchased a house where the seller retained a piece

Customer Question

I have purchased a house where the seller retained a piece of land that is in the middle of access to the rear of the propert. It was never disclosed that the right of access would be refused over this piece of land at the time of purchase. The map showing the access was included with the sale deeds showing clearly right of access so do i have the right to expect that i have access over this piece of land , otherwise the house is left with no rear access.
Submitted: 1 year ago.
Category: Property Law
Expert:  Aston Lawyer replied 1 year ago.

Hi, did your Solicitor confirm to you that you would have the benefit of a right of way (ROW) to the rear/or provided evidence that the land you purchased has the benefit of the ROW? Kind Regards Al

Customer: replied 1 year ago.
Expert:  Aston Lawyer replied 1 year ago.

Hi, thanks for your reply. Well, as you have a legal right of way over the access, the Seller can't now refuse you access over the middle section. If he does, you would have the right to take him to Court in order to obtain an Injunction (an Order stating that he must stop preventing you from gaining access). I hope this assists and sets out the legal position. Kind Regards Al

Expert:  Aston Lawyer replied 1 year ago.

Hi,

If I have assisted, I would be grateful if you could rate my answer, so I can get credited for my time.

Kind Regards

Al