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Ask ivorylounge Your Own Question
Category: Property Law
Satisfied Customers: 33372
Experience:  Barrister at Self Employed Barrister
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Good evening. We are thinking of extending our property with

Customer Question

Good evening. We are thinking of extending our property with a side extension. Currently we have a garage attached which is to our boundary line - the only access from our back garden is through the garage. We would like to find out if we could apply for a right of way by putting a gate in our fence to access the property's walk way next door so we can get garden rubbish out. Next door is a block of leasehold flats. They have a pathway running between our properties. I'm not sure if this is something that we can apply for or whether it's been done before! Would we need to contact the freeholder and if so, would we need to go through a lawyer? Also, would it be costly? Hope you can help. Many thanks, Kate
Submitted: 2 years ago.
Category: Property Law
Expert:  ivorylounge replied 2 years ago.
Dear Kate,You would not normally be allowed to create a right of way unless it has been there for many years (normally plus 20) although if you can reach the agreement of the freehold to the leasehold flats you may be able to agree a right of way. You should either speak with the freeholder directly or instruct a solicitor to write to them directly. If matters are to be put in writing then it can normally cost between £2k to £5k - so yes it can be quite expensive.I hope that this helpsPlease rate positively