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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 32086
Experience:  Over 5 years in practice
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I have received a letter from a solicitor firm today (Saturday

Customer Question

I have received a letter from a solicitor firm today (Saturday so can't call them to discuss further) stating that my next door neighbours have a right of access through my land which they have established through right of prescription.
We removed access on 12/06/2015 due to safety issues and problems we were having. I checked my land deeds/titles Dee's to make sure the fence was following correct borders and erected a fence within my borders which has now blocked their access. Their is no easements or rights of way over my property according to my legal documents. I bought property 03/05/2013 (had survey, legal stuff done at time and nothing to that affect was detected or raised in documents).
We gave next door neighbours verbal notice and written notice to be considerate when erecting the fence and stopping the access.
This letter states they had access/right over my land because of this prescription right. I have researched this and it states they have to have had this use for 20 continuous years (but I have searched land registry website and according to that this property was purchased 17/09/1995 - access was stopped before the 20years) also it says they need to have been using this land without threat (which they were) without secrecy (which they weren't) and without permission (but we allowed them to walk through and have deliveries to be neighbourly and helpful we did give permission we even when in there and verbally spoke to them a few times and when fence was blocked they knocked on my door and offered money to give them back access which is denied) - now this letter states I have to put the gate back help please? What do I do? Please
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Hello my name is ***** ***** I will help you.
You are sure access was removed before twenty years?
Customer: replied 2 years ago.
This hasn't answered my question at all.
The letter claims they have had over 40years of access but the person before me gave permission and I have given permission to be neighbourly until over 7months ago,the land registry that I have research myself says the property was purchased 1995.
So I would like some advice I want in need to do....I don't want to spend more money when I just need some help.
I actually think I might be better waiting for Monday and I can just get a refund on what I have already paid. Thanks anyway though