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Joshua, Lawyer
Category: Law
Satisfied Customers: 26070
Experience:  LL.B (Hons), Higher Prof. Dip. Law & Practice
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, our neighbour has right of way across our property, we

Customer Question

Hi, our neighbour has right of way across our property, we have a plan with the area marked in green although the TP1 has a measurement which makes the area far greater. Our neighbour took us to court for obstruction of the said right of way, we disputed the extent but lost and have been ordered to pay they claimants costs. Our neighbour stated in written and oral statement to court that he measured and also drew the plan, we can now prove he lied. Our solicitor told us that we did not need witnesses to prove the TP1 was an error because all the evidence was in our favour........we now want to appeal as we have the evidence to prove the intention of the right of way, we have signed witness statements from the previous owner who granted the right of way and also a letter from their solicitor explaining the true extent is the plan and not the TP1. How do we get a rehearing of the case.
Submitted: 3 years ago.
Category: Law
Expert:  Alice H replied 3 years ago.
Alice H : My name is ***** ***** I'm happy to help with your question today.
Alice H : When did the trial take place?
JACUSTOMER-obyebfyd- : Feb 6th 2015, appeal rejected March 13th 2015.
Expert:  Joshua replied 3 years ago.
Hello and thank you for your question. I will be very pleased to assist you. I'm a practicing lawyer in England with over 10 years experience.

  • May I ask when the judgement was entered against you please?
  • Did you ask permission to appeal at that hearing - I would assume not from what you say?
  • Was the hearing held at the county court or at a first tier Property Tribunal?
  • FInally I note you appealed to the Crown Court which appeal was rejected. Is that correct?