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Ask Michael Holly Your Own Question
Michael Holly
Michael Holly, Solicitor
Category: Property Law
Satisfied Customers: 6909
Experience:  BA honours degree in law, over 20 years experience in litigation, contract and property matters
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A new neighbour has erected a fence between his garden & the

Customer Question

A new neighbour has erected a fence between his garden & the side of our house - which has/had access to the rear of our property. We have used this since moving here, 10 years ago. He did this without any prior warning or permission, but we want our access returned. He contests the house/land boundaries, which he maintyains favour him erecting the fence in this position, but when he queried my right of way being blocked he remained silent. How can I regain this access please?
Submitted: 11 months ago.
Category: Property Law
Expert:  Michael Holly replied 11 months ago.

The right of way will appear in the title deeds to your and his property and a local conveyancing solicitor can get a copy for a few pounds.

The deeds may have an actual measurement of the boundaries or they can be calculated albeit roughly for the index map which is to scale. I would then threaten an injunction if he fails to restore the easement/ right of way. You can also claim for your legal costs to be paid provided he is warned that you will take court action should he fail to comply.

I think that covers it but let me know if I have missed something.

Best regards

Michael

Customer: replied 11 months ago.
Thanks
Expert:  Michael Holly replied 11 months ago.

my pleasure

Michael