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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 32177
Experience:  Over 5 years in practice
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My question is about property, easement and right of way. I

Customer Question

My question is about property, easement and right of way.

I live in London Borough of Ealing.
About forty years back I bought my house . There was a right of way by a macadem road to the back of my property, but my deed was with the building society, so i did not know. My neighbour on the right hand side of the property grabbed hold of the extra land and registered it in his own name. The deed of my house clearly says that I have the right of way by easement. When I came to know about it I wanted to confront my neighbour and unfortunately he passed away and we could not sort it out. For about 5 years the house was lying vacant and I have been using the right of way.

The house has recently been bought by another person and now he wont let me use this right of way.

The way i understand that the right of way by easement cannot be extinguished unless agreed by both the parties. Please let me know?

On the left side of my house there was an alleyway between two houses and I have been using it as an access to the back of my house for forty years. My house deed also says that I can use all the alleyway but in the last 18 months the new neighbour has erected a high gate and stopped me to use it. He says it is his property and I cannot pass through there.

Has he got the right to stop me.

There is another alleyway leading to the back of my house. Six years ago an aggressive neighbour built a big garden shed and extended the boundaries of his garden by erecting a garden fence and blocking me to use this alleyway. Now the other neighbours have also starting extending their gardens in this alley way. I reported this to my council but they wont take any action.

Does 6 years occupation on any common land makes the occupier a legal owner of the land.

Please answer my these questions...

I am completely land locked now and cannot get out from the back of my house in any emergency.
Submitted: 4 years ago.
Category: Law
Expert:  James Mather replied 4 years ago.

Hello, I am Law Denning and I am a practising solicitor in a High Street practice. I have been an expert on this website in UK law since 2008. During that time, as you appreciate, I have answered thousands of questions from satisfied users on a variety of subjects. Because we are all in practice with clients and court and other users, I might not always respond in minutes. Please bear with me in that case

It is my pleasure to try and assist you with this today. Please bear with me while I gather some further information from you in order for me to be able to advise you fully.

Unless I have all the facts that I need, my answer would not be accurate.

What do your deeds state on this point?

Customer: replied 4 years ago.

I will have to come back to you later on on this point

Expert:  James Mather replied 4 years ago.
I also need to know what you mean by "common land" in this context. Who owns it?