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Category: Law
Satisfied Customers: 33528
Experience:  Barrister at Self Employed Barrister
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We have lived at our present address 32 years, we

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We have lived at our present address for over 32 years, we have used the road adjacent to our garden to bring our car into the back garden. Where there is a garage and hard standing. Recently the sports club, who are the freeholders of the road, erected a gate and refused to give us a key saying 'we did not have a right of over their property'
We applied to the Land Registry for an 'prescriptive easement '. We have now reached the point where both parties have said they are willing to negotiate, they have now said they will give us the code to the gate and we may continue to use the back entrance. But they retain the right to withdraw it without notice and state they will not agree to our 'right of way'
On past experience would you advice us to go to the tribunal with the case and if we do what are our chances of success!
Many Thanks
I think that you have a good case. From what you have written above I would continue to negotiate with them first. I agree that what you request is both sensible and correct. I would be very reluctant to agree their conditions as this will potentially make it difficult to sell your property in the future. As such I would continue to negotiate but with the threat to them that you will take it to the tribunal - I would imagine that as a sports club they would be reluctant for the further expense of such proceedings in any event. Happy to discuss. Please rate positive.
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