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Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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We have just purchased a small piece of land in front of our

Customer Question

We have just purchased a small piece of land in front of our property which gives access to my neighbours like a pathway they have an alternative access point to their house but insist on using our land for all access inc deliveries friends etc can we control it so as to have a little privacy in our garden I would prefer to stop It all together, and I would like to know if the access Runs right the way along both house fronts as it used to be one property they have a gate at the far end of the house and when I questioned what it was for they said other land which is untrue as there are properties there where they used to be fields belonging to the property many years ago
Submitted: 4 years ago.
Category: Law
Expert:  Ash replied 4 years ago.

AlexWatts2013 :

Hello my name is Alex and I will help you with this. Please note that I am a working Solicitor and may be on and offline as I have to attend Court and meet with clients, even at weekends. As such you may not get an instant response when you reply, but rest assured I will be giving your question my immediate attention upon return. For now please let me know how long they have had access using this for deliveries and is there anything in your deeds that states they have access?

JACUSTOMER-g38yl862- : Hi
JACUSTOMER-g38yl862- : Hi we knew that the previous owners allowed access and when we purchased the path it states in what I presume is the deed that we allow foot access, on the deeds of the house who owned the path previously it does seem to state that our neighbours had a right of way over the road coloured in brown this is a courtyard which our houses surround and the path is also coloured brown brown we all live in
AlexWatts2013 : So the deeds do show a right of access? Is that on the route they are taking?
JACUSTOMER-g38yl862- : they have used it for quite some time with regard to deliveries I would say in the last 5years approx , our properties are in a small courtyard, when we received what I presume is our deed for the path area it states we allow foot access only, the deeds to the house that sold the path to us states they have a right of way over the road coloured brown which is the courtyard and attached to that is the path also coloured brown, so it looks like they have rights however they do have another entrance but insist in front of our. House is their main entrance . Thanks Beverley
AlexWatts2013 : Thank you for clearing that up. They only have rights as specified in the deeds therefore if it only says foot access then that is all they are allowed and you can stop it. You mentioned they have been using it for the last 5 years for deliveries and that is not enough to gain a right. If they had been using it for the last 20 years then they would have a prescriptive right as indicated which becomes absolute after 40 years but here this is not the case. You can not prevent foot access but you can stop vehicle access. I would first kindly ask them to stop and if they refuse then you can write a letter saying you will issue legal proceedings to stop them. If they continue then you would be able to seek an injunction stopping them using vehicles on the access to which they are not entitled.
AlexWatts2013 : I trust this fully resolves your question and if so could I invite you to take a moment to rate my service, as your feedback is important to me. If you need further information or help then please click rely. Alex
JACUSTOMER-g38yl862- : Hi thankyou, the deliveries were on foot so obviously we can't do anything
AlexWatts2013 : Sadly no. I am sorry. Alex