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Jamie-Law, Solicitor
Category: Property Law
Satisfied Customers: 6734
Experience:  Solicitor
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I live in a terraced house the middle house of 5. there is

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I live in a terraced house the middle house of 5. there is access from both side to the rear of the property via a through road that separates our houses and gardens/garages. One entrance to the through road is from the main road, the other is via another access road for the nest set of terraced house (set further back from the road, so our road is a turn off). The owners of the end house are planning to block all access from that side (the main road) by fencing off the road and creating a garden. Am I right in thinking they are not legally able to do this as it would be blocking our right of access (the main road entrance is also where refuse collections take place)?

Hello my name is ***** ***** I will help you with this.

How long as there been access for via this area please?

Customer: replied 1 year ago.
We have lived in the property since 2014, and access has always been available. Our garage was built in the 1970s (I have the planning permission) so I believe at least 30+ years. Also the back through road used to be the actual road when the houses were built in 1901. It had a different street name then, but would have been accessed from the main road.

Ok, then you have a prescriptive right of way under the Prescription Act 1832.

This means you have a right which is obtained after 20 years use and becomes absolute after 40 years use.

So yes, they can not legally do this as it would block your right.
Can I clarify anything for you about this today please?

Customer: replied 1 year ago.
no that was it thanks.

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