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Ask Jeremy Aldermartin Your Own Question
Jeremy Aldermartin
Jeremy Aldermartin, Solicitor
Category: Law
Satisfied Customers: 10329
Experience:  Dual qualified Solicitor and Attorney
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I have a shared access adjacent to my property, although I

Customer Question

Hi, I have a shared access adjacent to my property, although I do not have right of way access, I have paved the complete access for a: not to damage my property and b: for those who use it. Today all the neighbours who have right of way requested I move the paving. What can be done?
JA: What steps have you taken so far? Have you prepared or filed any paperwork?
Customer: no not yet
JA: Where is the property located?
Customer: Romford London
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: I have demolished my existing property and redeveloped. My neighbours are not happy but their properties are approximately 30 metre away and this is a rear access for them which run along the complete side of my property
Submitted: 11 days ago.
Category: Law
Expert:  Jeremy Aldermartin replied 11 days ago.

Hi thank you for your message, please note that I will look to provide an accurate but nevertheless speedy reply to your inquiry. I am sorry to hear about your situation but I will endeavour to help you today.

Expert:  Jeremy Aldermartin replied 11 days ago.

You said it runs alongside your property so is it on your land or not?

Customer: replied 11 days ago.
Unfortunately no, building is on the boundary. There are six properties along the side of my property from front to rear. The shared access is the barrier between the side of my property and their rear garages. The shared access is approximately 3 metres wide so they can only drive in straight. There are only 4 properties with garages and I had blocked their access since 2018 due to construction with their consent however my property now stands out and I don’t believe they like looking at it from the rear of their properties. My post code is RM5 2DS, you can see it on google maps.
Expert:  Jeremy Aldermartin replied 11 days ago.

I see well if the path is outside your land then any land owner can insist you remove the paving. If this is not owned by them or you, then in reality they cannot insist in the removal of the paving provided it does not obstruct their access. I trust this assists

Customer: replied 11 days ago.
But by removing the paving, in wet conditions they will damage the white walls on my property
Expert:  Jeremy Aldermartin replied 11 days ago.

Damage them how, with mud?

Customer: replied 11 days ago.
Damage meaning dirty as we have clay and it splatters, the paving prevents anything from splattering. I also have windows on the side and any stones might chip them
Expert:  Jeremy Aldermartin replied 11 days ago.

Yes I am sorry but that is simply not a reason for the paving to not be removed. That said, as I have also said, the only person who can legitimately ask you to remove the paving is the land owner. I trust this assists

Customer: replied 11 days ago.
I’m sorry but I have to ask, landlords that have right of way are responsible for maintaining the pathway, by removing the paving it is not being maintained rather a liability for them. Please clarify if you are an expert for the right of way disputes?
Customer: replied 11 days ago.
Please don’t take my words wrong. I need help from someone who deals with boundary / right of way disputes
Expert:  Jeremy Aldermartin replied 11 days ago.

Yes I am an expert in this area and have helped many people. Maintaining the right of way does not necessarily mean putting down the paving. In any event as I have clearly asked if this is your land and you confirmed it is not, then you have no right technically to do anything on the land maintenance or not. If it is your land you can do what you want except block their access. I trust this assists

Customer: replied 11 days ago.
Thanks, ***** ***** your last statement. Although I have no right of way, they cannot block my access.
Expert:  Jeremy Aldermartin replied 11 days ago.

They cannot block your access because they do not own the land, the land owner however can block your access and accessing the land without consent is trespass for which you could have legal action brought against you. I trust this assists