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Right of access blocked - what can I do?

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  • Right of access blocked - what can I do?

    Hi folks,

    I have 2 rights of access across other peoples land to my property (red on the plan). These are the only 2 ways to my property; one is vehicular access (green on plan) and the other is pedestrian only (blue on plan). The pedestrian acces is down the side of a disused shop (the building between the green & blue lines).
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    The gates for this pedestrian access were falling apart so the owner of the shop has undertaken some repairs. He has put a new wooden gate at the front of the access route, where it borders the street, which is bolted and padlocked from the inside so I cannot now get through it. Worse still is that at the rear of the shop he has replaced the old wooden gate with a concrete panelled wall.

    I have spoken to the shop owner and all I get are various excuses why he shouldn't have to do anything about it - "it's more secure", "it looks netter", "I spent £360 doing that and I will have wasted my money if I remove it", "you don't use it", etc., etc. and has no intention of doing anything about it.

    I haven't lived in the property long, and always tend to use the "green" route for access as usually I am in my car. But I still want to have the facility to use this access if necessary, and it's stated in the land registry documents that I have this right.
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    So what can I do? Can I remove the concrete wall myself and replace the bolts/padlocks on the front gate with a keyed lock, or do I have to go down the legal (i.e. expensive) route? Are there other options?

    Thanks in advance for your advice.
    Tags: None

  • #2
    Anyone?

    Comment


    • #3
      You write (first class post with free certificate of posting from post office) to the owner pointing out he is acting illegally and if he does not restore your access you will be taking court action.
      Advise him this will be an application to the court that he restore your access, accompanied by an adverse costs order (ie he pays the court costs).
      Do not take matters into your own hands as you could then face a charge for criminal damage

      Comment


      • #4
        Thanks for your reply.

        Can I put a time limit on the restoration of my access? If so, what would be considered reasonable?

        Comment


        • #5
          Originally posted by Knobby View Post
          Thanks for your reply.

          Can I put a time limit on the restoration of my access? If so, what would be considered reasonable?
          I would give them 14 days to respond in writing confirming their intention to remove the concrete wall and provide you with a key to access the gate padlock. (no need to remove the expensive gate is there?) Then 30 days thereafter to undertake the required work.

          So long as it is reasonable and practical, you can set the timescales as you are the aggrieved party here.
          "Although scalar fields are Lorentz scalars, they may transform nontrivially under other symmetries, such as flavour or isospin. For example, the pion is invariant under the restricted Lorentz group, but is an isospin triplet (meaning it transforms like a three component vector under the SU(2) isospin symmetry). Furthermore, it picks up a negative phase under parity inversion, so it transforms nontrivially under the full Lorentz group; such particles are called pseudoscalar rather than scalar. Most mesons are pseudoscalar particles." (finally explained to a captivated Celestine by Professor Brian Cox on Wednesday 27th June 2012 )

          I am proud to have co-founded LegalBeagles in 2007

          If we have helped you we'd appreciate it if you can leave a review on our Trust Pilot page

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          Comment


          • #6
            Send him a letter informing him you have an easement ROW over the land and give him 24 hours to remove the lock o& you will sue him for damages for substantial interference with your RoW . ..A lock take 2 seconds to remove so notice need be no more than a day .


            Me , If he didn't remove the lock I would cut the lock off myself.

            No court in the land will find you guilty of criminal damage if it’s preventing you from accessing your property and you have given the person who put the lock on notice.

            Also if the shop owner doesn’t own the land and like you only owns an easement he has no legal right to do any other than maintain .

            Comment


            • #7
              Originally posted by Ukmicky View Post
              Send him a letter informing him you have an easement ROW over the land and give him 24 hours to remove the lock o& you will sue him for damages for substantial interference with your RoW . ..A lock take 2 seconds to remove so notice need be no more than a day .


              Me , If he didn't remove the lock I would cut the lock off myself.

              No court in the land will find you guilty of criminal damage if it’s preventing you from accessing your property and you have given the person who put the lock on notice.

              Also if the shop owner doesn’t own the land and like you only owns an easement he has no legal right to do any other than maintain .
              This is a perfect example of "how to make a bad situation worse"

              The poster has already explained he has access to his property but a separate pedestrian access HAS been blocked - so the "No court in the land will find you guilty of criminal damage...." advice rather falls apart.
              Two wrongs do not make a right in this case and unless the shop owner is an idiot, access will be restored through legal channels. The right of access has existed for many years and will ultimately endure. Let's not forget, a concrete wall as well as a lock need removing, so this will need doing in a sensible manner....unless you're going to recommend a JCB next!
              Thanks for trying to help out though! xx
              "Although scalar fields are Lorentz scalars, they may transform nontrivially under other symmetries, such as flavour or isospin. For example, the pion is invariant under the restricted Lorentz group, but is an isospin triplet (meaning it transforms like a three component vector under the SU(2) isospin symmetry). Furthermore, it picks up a negative phase under parity inversion, so it transforms nontrivially under the full Lorentz group; such particles are called pseudoscalar rather than scalar. Most mesons are pseudoscalar particles." (finally explained to a captivated Celestine by Professor Brian Cox on Wednesday 27th June 2012 )

              I am proud to have co-founded LegalBeagles in 2007

              If we have helped you we'd appreciate it if you can leave a review on our Trust Pilot page

              If you wish to book an appointment with me to discuss your credit agreement, please email kate@legalbeaglesgroup. com

              Comment


              • #8
                Originally posted by Celestine View Post

                This is a perfect example of "how to make a bad situation worse"

                The poster has already explained he has access to his property but a separate pedestrian access HAS been blocked - so the "No court in the land will find you guilty of criminal damage...." advice rather falls apart.
                Two wrongs do not make a right in this case and unless the shop owner is an idiot, access will be restored through legal channels. The right of access has existed for many years and will ultimately endure. Let's not forget, a concrete wall as well as a lock need removing, so this will need doing in a sensible manner....unless you're going to recommend a JCB next!
                Thanks for trying to help out though! xx
                missed the bit about the wall somehow

                Comment


                • #9
                  Knobby, is there any update on this situation?
                  "Although scalar fields are Lorentz scalars, they may transform nontrivially under other symmetries, such as flavour or isospin. For example, the pion is invariant under the restricted Lorentz group, but is an isospin triplet (meaning it transforms like a three component vector under the SU(2) isospin symmetry). Furthermore, it picks up a negative phase under parity inversion, so it transforms nontrivially under the full Lorentz group; such particles are called pseudoscalar rather than scalar. Most mesons are pseudoscalar particles." (finally explained to a captivated Celestine by Professor Brian Cox on Wednesday 27th June 2012 )

                  I am proud to have co-founded LegalBeagles in 2007

                  If we have helped you we'd appreciate it if you can leave a review on our Trust Pilot page

                  If you wish to book an appointment with me to discuss your credit agreement, please email kate@legalbeaglesgroup. com

                  Comment


                  • #10
                    Originally posted by Celestine View Post
                    Knobby, is there any update on this situation?
                    Hi, and sorry for not coming back with an update!

                    It turns out the guy I was talking to wasn't the owner of the building but the owners nephew. I managed to track down the owner and explained the situation to him. He asked if he could have until the end of the month to remove the concrete slabs to which I agreed. He actually did it the following week. I have constructed a wooden gate in their place.
                    He also agreed that I could remove the locks/bolts and replace them with a keyed lock to which we could have keys.

                    Thanks again for the advice!

                    Comment


                    • #11
                      A good result, and thanks for the update

                      Comment


                      • #12
                        A rare reult. Well done. Find some small way of thanking him - keeping it friendly. It is well worth it.

                        Comment

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