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Remus2004, Barrister
Category: Property Law
Satisfied Customers: 2554
Experience:  Over 5 years in practice.
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I have a question related to property law / property

Customer Question

Hello I have a question related to property law / property litigation
Submitted: 1 year ago.
Category: Property Law
Expert:  Vineet S replied 1 year ago.

Welcome to JA. I’m Vineet, a UK qualified & practicing Solicitor and I will be dealing with your case today

Expert:  Vineet S replied 1 year ago.

what is your specific question, please?

Customer: replied 1 year ago.
Thank you,I will give you a breakdown of the situation, followed by some questions:I own a detached property, situated on a hill, and on the left between my house and the house above me on the hill there is a strip of land. Originally this was back filled to create a side way which solely benefited the neighbouring house; not sure when or by who this was done.Around 2005, prior to me owning the property, there was a damp issue on the flank wall of the house which after a lot of back and forth with insurers was rectified. They removed half of the side way to reveal that at some point previously the gap had been filled in with rubble, when removing this they discovered the original boundary wall which effectively cuts through the centre of the side way.The gap was left and no issues since.Early 2015, the house was bought by new owners, as is, and for a while all was fine. Late 2018 I had a message saying their father in law had fallen in the gap and that they needed to sort it out; they only notified me weeks after the event by the way.They then submitted plans for a metal walkway, weighing 1 tonne, to be bolted to both houses to create a walkway for them. I said no as it was too heavy and breached the boundary line. They then re-submitted the plans but with the walkway not attached to my property, I still declined permission due to the boundary and also to avoid creating a claim for adverse possession in their / their property's favour in the future.At that point they started saying that the boundary line is my flank wall and produced a boundary report confirming the same. I have commissioned my own report from the leading boundary experts in the UK and they confirm the boundary is through the side way and not my flank wall; they have also done a report on the other boundary report to highlight it's shortcomings.They have instructed a solicitor and in line with the Pre Action Direction etc etc they have written to me and I am in the process of going back to them with my evidence.My questions are:1- Are there are any scenarios where the could would direct / allow the boundary to be built over?2 - As their half of the side way is preventing access to my property, although within their boundary, could I bring a claim for nuisance and seek it be removed as I cannot access my wall?3 - There is a gate mounted on my wall (and their wall) blocking access to the sideway and my property, is there anyway to insist this be removed so I can access my property without seeking their permission?Thank you
Expert:  Vineet S replied 1 year ago.

Thank you for your reply. Your question is gone out of my expertise and I think I would not give full justice by giving the answer, so I would opt-out so that any expert with relevant knowledge can assist you with your query.

Thank you.