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Ash, Solicitor
Category: Property Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I have been blocking access on private road for 30 years can

Customer Question

I have been blocking access on private road for 30 years can the owner of the lane take an injunction out on me
Submitted: 4 years ago.
Category: Property Law
Expert:  Ash replied 4 years ago.

Alex Watts : Hello my name is Alex and I will help you with this. Please note that I am a working Solicitor and may be on and offline as I have to attend Court and meet with clients, even at weekends. As such you may not get an instant response when you reply, but rest assured I will be giving your question my immediate attention upon return You do not need to wait here as you will get an email when I reply.
Alex Watts : Yes. The right can not be extinguished unless it is given up or the person who has the right gives consent.
Alex Watts : Therefore the owner could take out an injunction and sadly you would be liable for costs.
Alex Watts : I realise this may not be the answer you want and certainly not the one I want to give you, but I have a duty to be honest.
Alex Watts : Can I clarify anything for you about this today please?
JACUSTOMER-33ee8o3l- :

ok i understand . the owner of the lane is my landlord and he says i am blocking access to the end property i am in a row of three rented properties i am the first one of the three i have put gates up 30years ago and access onto the lane was for my property and my nieghbours the end property never had any access onto the lane until recently 3 years ago .but the end property did have an entrance at the side of their property so as the could gain access into their rear garden . but they the bn decided they wanted access to park thier vehicle at the reaer of their property then the landlord spoke to me and asked if i would move so as to give them access i said no he offered me money and i still said no he then threatened my wife saying that he would make our life difficult from now on and he has my landlord is a housing association .

Alex Watts : Yes I see. Do you underatand you can't block though and your legal position now?
JACUSTOMER-33ee8o3l- :

it says on the property register that my landlord owns the freehold land shown egded with red on the plan . as for the roadways and the grass verges falling within this title as forms part of the adopted highway are excluded from this registration. ?

Alex Watts : Everything included is owned, nothing else. But if there is a right of way it can't be blocked.
Alex Watts : Does that help?
Alex Watts :

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