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LondonlawyerJ, Solicitor
Category: Property Law
Satisfied Customers: 818
Experience:  Experienced solicitor
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Good afternoon. I have a dispute with a land owner adjacent

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Good afternoon.
I have a dispute with a land owner adjacent to land I am developing.
This was scrap land until i purchased it, with units and tenants on the land. This was 2001. I immediately tidied the land and formed a car park for the tenants. Until recently this is how the land has been used. The neighbours land allows us a right of access to get to our plot. We have formed the car park as mentioned above, but this had meant that we had crossed over his boundary in a different area to our original access.
this had not been a problem for the old land owner, but ownership has now passed to his children, and since I had applied to demolish the units and erect new ones, they have taken issue with the access we were enjoying, and now wish to erect a 6' high fence on the boundary.
this would not be a problem but will affect the lovely views over the fields beyond his access road.
Can I continue to use the access, as it has been some 13 years since the alterations were carried out, without issue form their parents, or can I atleastlimit the height of the fence they wish to install?
Thank you for your help.
kind regards,
lee Thorpe
LondonlawyerJ :

Hello, I am a solicitor with 20 years experience. I will try to answer this question.


Good afternoon

LondonlawyerJ :

Do you have an easement to cross his land to gain access to your land?


I do, but not in the exact location we have been using, in addition to the existing easement.

LondonlawyerJ :

13 years will not be enough to gain an easement through customary use (ie by prescription) so you will be stuck with the old easement in terms of a legal right of way. I am afraid there is no such thing as a right to a view.

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