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Solicitor4All
Solicitor4All, Solicitor
Category: Law
Satisfied Customers: 7551
Experience:  Director and Principal Solicitor. UK
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Right of way issue, I live in rented accommodation owned by

Customer Question

Right of way issue, I live in rented accommodation owned by a housing trust. The neighbours house is privately owned. There is a right of way over his land however he has locked the gate and we are unable to use the right of way for putting our bins out etc
JA: What steps have you taken so far? Have you prepared or filed any paperwork?
Customer: No just numerous complaints to housing association but they are unhelpful
JA: Where is the house located?
Customer: Watford Hertfordshire
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: It has been going on for 5 years and neighbour got aggressive when I tried to use right of way
Submitted: 18 days ago.
Category: Law
Expert:  Solicitor4All replied 18 days ago.

Hi, I’m Solicitor4All, a law Expert with over 15 years of experience practice. Thank you for the enquiry. It is my pleasure to assist your with this today.

Customer: replied 18 days ago.
Hi
Customer: replied 18 days ago.
No live call thanks
Expert:  Solicitor4All replied 18 days ago.

If you believe there is a substantial interference with your right of way you must be able to show that you are firstly entitled to benefit from the right of way.

Customer: replied 18 days ago.
it is in the deeds
Customer: replied 18 days ago.
An easement exists
Customer: replied 18 days ago.
If I am entitled as the tenant? Or just the housing association?
Expert:  Solicitor4All replied 17 days ago.
Thank you for your patience the right of way/easement is in relation to the dominant (your proprty) and the servient (your neighbour’s land)!pieces of land and not the individuals, so whoever is living in your property should be able to exercise the right over your neighbour’s land. You will not be able to take action as the tenant but you can report to the housing trust and they can enforce the right.
Expert:  Solicitor4All replied 17 days ago.

Any follow up please do not hesitate to send your message. I am always glad to clarify anything for you. All the best.

Customer: replied 17 days ago.
Where do I stand if the housing trust is reluctant or has been avoiding the issue for the last 5 years although they acknowledged it last year and said they were waiting for a response from my neighbours solicitors but I have heard nothing since been nearly 5 months I constantly need to chase. I have a meeting with the housing officer on Monday is there anything I can say to make them take this issue seriously
Expert:  Solicitor4All replied 17 days ago.
Thank you for your patience, save for asking them to waive their right and allow you to pursue your neighbour you just need to be firm with the housing officer and emphasise the implications of their in action on you and your family.