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Thomas, Solicitor
Category: Property Law
Satisfied Customers: 7676
Experience:  UK solicitor holding an England and Wales practising Certificate.
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I am resident in England. for over 20 years I have been able

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I am resident in England. for over 20 years I have been able to use a back gate which leads (across one car parking space owned by my neighbour) to a common drive shared by a total of 5 households. I have no share in that drive.
I use that route to take my bin, maximum of once a week, to the street so that I don't have to pull bins through the house and down my front steps - which is the only other route. Once every couple of years I have someone come and prune trees and I ask my neighbour's permission for a truck to park for an hour or two in the neighbour's space in order to remove the vegetation. For the last couple of months my neighbour has been blocking that route by suddenly placing her bins directly in front of the gate. She refuses to speak to me other than telling me it is her land and she spent a lot of money for it. By the way last week end I had two disabled visitors who couldn't manage my steps. I took them up the common drive and across her parking space to enter my property via the back gate. I did not ask her permission as it seemed trivial. My neighbour's house is across the other side of the drive. Her parking space is on the other side of the shared drive, quite separate from her house and garden.
Although my bins are ugly I could, and I do often keep them my front garden. However, the green bin is required to take material out of the back garden and I much prefer not to take it through the house and down the steps which I have done as the exit has been totally and deliberately blocked by her vehicle plus bins.
I should just add that my son in recent weeks parked in the neighbour's space and offloaded some 8 wheels to store in our garden. After a few weeks he removed them from the garden in the same way......he did not think about asking permission. It could be that which has changed our relationship.
I thought there was a law about reasonable access? Do I have any rights at all provided I request permission first?
Thanks for your consideration.
Judith B
Thank you for your question and patience, I’m Tom and I’ll try to help you.
If there is no express legal right of access over your neighbour’s parking space in your land registry title then in order to acquire a right access (easement) over the land by long use a person(s) must have been using the access for a continuous period of 20 years. If they have then the legal easement shall have been acquired by prescription.
If you have been using the land for 20 years or more then you might be able to enforce this against your neighbour. In order to secure the right though you would have to make an application to the land registry with evidence proving the exercise of the right over the 20 year period. The types of evidence that you submit would probably be in the form of statutory declaration’s from you and others who are aware of the exercise of such right.
If you have been using the right for this long then you should see a solicitor about making an application to have the right registered against the registered title of the land so that you can relatively easily enforce this against your neighbour and therefore avoid future disputes.
They would write to her in the first instance asking for access to be reinstated, before making the application to the land registry. Your neighbour is at liberty to dispute the application and challenge the evidence if she wishes and it will ultimately be determined on whose evidence is the most credible
My goal is to provide you with a good service. If you feel you have received anything less, please reply back as I am happy to address follow-up issues specifically relating to your question.
Kind regards,
Customer: replied 3 years ago.

thanks......I notice your company is US....but I guess you are from the UK and you know our law?

Correct. I'm a practising solicitor licensed to practise as such in England and Wales.
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