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Shared access route obstruction

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  • Shared access route obstruction

    aaaa
    Last edited by dazed01; 19th January 2021, 19:32:PM.
    Tags: None

  • #2
    aaaa
    Last edited by dazed01; 19th January 2021, 19:31:PM.

    Comment


    • #3
      Is that access a public right of way, or is it a private right of way?
      If it is, as I suspect, a private right of way what does your land registry proprietorship file state?

      Comment


      • #4
        Originally posted by dazed01 View Post
        Photo attached
        Hi Des8, i believe it is a private right of way as it is maintained by residents. I'm not sure what a land registry proprietorship file is? Where would I find this? I only have the HM land registry general map on file.

        Comment


        • #5
          You can get a copy of your land registry file here (Search for property information from HM Land Registry - GOV.UK (www.gov.uk)) for £3

          Comment


          • #6
            Originally posted by des8 View Post
            You can get a copy of your land registry file here (Search for property information from HM Land Registry - GOV.UK (www.gov.uk)) for £3
            Thanks for the link. I have purchased the document and one covenant states:

            10. The Purchaser shall not hinder or obstruct in any way the passage of persons or vehicles over the passageways at the side and/or in the rear of the land hereby transferred.

            The neighbour is clearly obstructing access by placing sheds as detailed in my drawing attached.

            What action should I take next?
            Last edited by dazed01; 19th January 2021, 19:32:PM.

            Comment


            • #7
              Obviously as he is a neighbour and you will continue to be neighbours it would be good to persuade him he should remove the obstruction.
              Offer to help him, but if he continues to refuse you could warn him that as a last resort you will apply to the courts for an injunction with adverse costs.
              Your warning should be delivered in writing (recorded post)

              Do not take unilateral action (removing the obstruction yourself) as you might face a charge of criminal damage

              Comment


              • #8
                Originally posted by des8 View Post
                Obviously as he is a neighbour and you will continue to be neighbours it would be good to persuade him he should remove the obstruction.
                Offer to help him, but if he continues to refuse you could warn him that as a last resort you will apply to the courts for an injunction with adverse costs.
                Your warning should be delivered in writing (recorded post)

                Do not take unilateral action (removing the obstruction yourself) as you might face a charge of criminal damage

                Thanks for your detailed responses and support Des.....it's given me the confidence to take this further. Thanks,

                Comment


                • #9
                  You need to obtain your neighbour's land registry file.

                  Comment

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