How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • Go back-and-forth until satisfied
    Rate the answer you receive.
Ask F E Smith Your Own Question
F E Smith
F E Smith, Advocate
Category: Law
Satisfied Customers: 17569
Experience:  I have been practising for 30 years.
18203470
Type Your Law Question Here...
F E Smith is online now

Morning. I wonder if I can seek some advice. I live in a row

This answer was rated:

Morning. I wonder if I can seek some advice. I live in a row of 3 terraced houses. My house has the deeds to the ginnel. We put a new door on with a key and gave a copy to the neighbour. Can you explain what access this means. is it for emergency only? My neighbour has lived there all his life and uses the ginel as his front door say up to 40 times a day, early in the morning late at night. . He talks to himself so when I'm in bed early morning he wakes us up. I just want to be able to know if I can say anything to him about the number of times he can go in and out? Thanks Janene
JA: What steps have you taken so far? Have you prepared or filed any paperwork?
Customer: No.
JA: Have you talked to a lawyer about this?
Customer: No.
JA: Anything else you want the Lawyer to know before I connect you?
Customer: No thanks

Welcome to Just Answer.

I will be happy to assist with your question today. I need some time to consider this and compose a response. There is NO need to wait online because you will get an email when I respond. Sometimes it will be minutes, sometimes longer.

I apologise for any unavoidable delay, but rest assured I have not forgotten your question.

doing what up to 40 times a day?

he comes out his back door and then goes up passageway to front of houses - is this correct?

and you hear this everytime?

Customer: replied 12 days ago.
In and out of the ginnel. Could be out for a minute then back for a minute then out again. Then it can be a while till he does it. Cant understand why he doesnt use his front door. He does have cows to attend to but not so much he needs to be going in and out
Yes outbof back door to front of house.
If I am in bed yes. Its just quite disruptive. It sounds petty but he slams the door shut and then at night say 10 pm when he goes back in he has an obsession to keep pushing the door to make sure its locked.
Maybe because we have been here its become more noticeable. But thought access was for putting bin out and emergencies and the odd time not a permanent in and out exit. Thanks

I assume that there is a documented right-of-way and unless it specifies for one particular purpose, then it’s for any purpose.

It is rare that specified for one particular purpose and more often than not it would say for any use connected with the land.

However what the person cannot do in exercising the right is causing nuisance and this is nuisance if it affects your enjoyment of the property.

I have experience of this and you probably find that the guy has OCD but that’s nothing that you couldn’t deal with, all you can do is threaten the court application for the nuisance to stop.

It is nuisance and an ordinary English dictionary definition of the word.

You may find that a strongly worded letter from a solicitor threatening a court application and an application for costs, may focus the mind without actually the need to get to court.

Check your house insurance to see if you have legal expenses cover that would pay for the legal cost of taking this to court.

I am glad to help.

Hopefully, I have answered your query in a way that is simple and easy to understand.

I would be more than happy to clarify anything else for you. In the meantime, thank you once again for using our services.

I am happy to answer any specific points arising from this.

Please be aware that my answer is based strictly upon the information you have given me.

If you still need any points clarifying, I will be happy to reply because the thread does not close. In fact, it remains open indefinitely.

I am always happy to answer any further questions you have on any new thread in which case, please start your question with, “ For FES only”.

That only applies to new threads, not this one. You have me exclusively on this one.

Thank you.

Best wishes.

FES

F E Smith and other Law Specialists are ready to help you