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propertylawyer, Solicitor
Category: Property Law
Satisfied Customers: 288
Experience:  Property solicitor with expertise in commercial and residential property transactions.
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I share a pathway with my neighbor which is between the two

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I share a pathway with my neighbor which is between the two houses but my neighbor says it is within his boundary and is therefore property. he deeds if the houses says all shared entranceways are subject to access rights. How can I make sure that any potential buyers of my property will always have access. We have lost three potential buyers because he says he can rescind access at anytime therefore land locking the property and preventing access to the rear garden accept from the house.

What does the title say?

What has your solicitor said, assuming it got that far that you instructed one - you mentioned you had 3 potential buyers.

Customer: replied 1 year ago.
His title says that the joint entranceways are subject to rights of way. Mine say that I have the right to enter upon the adjoining land for purposes of inspecting, cleaning, repairing or renewing any party structure or thing on or under the same and used or enjoyed in common with the property.

Your neighbour cannot revoke/rescind/terminate a right of way / access unilaterally.

Does it not state on your title that you have a right to use the entranceway/pathway between the two properties?

I have answered your question, reassuring you that your neighbour cannot unilaterally terminate any rights granted. Therefore please can I kindly request that you accept /positive rate my reply otherwise the website will not pay me for answering your question. Many thanks.

Happy to assist further if you have any queries or questions in respect of my answer.

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