persciptive right of way

[steve1962]

hi at the back of my house is some land since 1990 ive been ustng it to drive my cars in to my garden the land belongs to my nextdoor but 1 neibour 2 years ago he blocked it off i have been using a solicitor and have spent 10,000 pounds so far we decided the easiest way was to enter into a easement but every time we go to sign they decide they want something else adding the latest is thry can end access at anytime for any reason .ifeel we are just wasting our time both me and my wife are dissabled with my wife getting dla weve run out of money now is there any other way we can deal with this our solicitor is not very helpfull now thry know the money is running out and they say the only way is to go to court but it will cost 40000pounds thanks

[des8]

Hi and welcome

Presumably this lack of access is causing an inconvenience for you and your wife.

As you have already had solicitors working on this matter for some time I doubt we will be able to add much.

You refer to a prescriptive right of way.
Was this access route used "as of right" i.e. openly, without force and without permission.?
Was the previous owner unaware he owned that strip of land?
How did you manage to use it without permission (open or implied)?

[steve1962]

yes we used it openly the owner knew he ownded it he never bothered till new people moved in to the street which he didnt like .it is just a small cul de sac and parking at the front is near inpossable which means we have to park on the main avenue and walk down i would persue in court if there was any funding available .my solicitor believes i would win but i cant aford 40000 to do this thanks

[des8]

The recent case of Welford v Graham: UTTC 14 Jul 2017 would seem to support your case, but if you don't have the funding do the other side have the funds to oppose you?
I suppose your only way forward is to continue negotiating with them in the hope you can come to a mutual agreement.
Good luck