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LondonlawyerJ, Solicitor
Category: Property Law
Satisfied Customers: 818
Experience:  Experienced solicitor
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We live at the bottom of a cul de sac, and have a shared

Customer Question

Hi we live at the bottom of a cul de sac, and have a shared drive with a nebighour, the drive then ends at our boundrey and a four acre field starts, the farmer as a right of way through the gate that was situatied at the bottom of the drive, to maintain his water supply and telegraph line. the field as landed in the hands of the receivers and is up for sale. We have applied to buy the field, which as now gone for closed bids, however the field is been sold showing the drive as a access point of entry (which is down our drive) and this entry point as not been used for 0ver 20 years and a hedgethorne bush is now welll established, do we have have rights to stop access through our drive
Submitted: 2 years ago.
Category: Property Law
Expert:  LondonlawyerJ replied 2 years ago.
Hello, I am a solicitor with 20 years experience. I will try to answer this for you.
If this right of way is an easement (which it almost certainly is) then it will still be a valid right of way. But if the right of way is for a limited purpose -as you state it is- then it will still only be for that purpose.
Customer: replied 2 years ago.

the estate agents are stating that this piece of land well the shared drive is for sale with the field do we have the right to say that we do not want livestock and farm vehicles coming up and down the drive ???

Expert:  LondonlawyerJ replied 2 years ago.
If the easement is restricted in teh way you suggest then yes you can stop that.