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Right of access

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  • Right of access

    Hi all

    I'm just wanting some general guidance re right of access.

    We have right of access over the path that connects the rear of our property to a patch of land that runs to the side of our neighbour's house. Basically we are the second house in, and there is access to a field to the other side of our end neighbour's house. So we can walk behind their house to get to that field access and so the main road.

    I am also 99% sure we have access over the patch of land that borders their house and the field access. Basically it goes the side of their property, a meter or so wide strip of tarmac, the field access and then another strip of tarmac and the next property.

    We used to take our bins behind their property and straight onto the field access, then to the street. A few years ago they parked a van there so we had to start doing a left turn after walking behind their property and then taking the bin between their house and their van, then once clear of the van onto the field access.

    A year or so ago they moved the van closer to the wall so the gap between wall and van is now maybe 3 inches wider than the bin. I asked them to give me more room and they said the council had nearly hit their van accessing the field so they couldn't park it any further from the wall...

    So basically we have to edge along each week being super careful not to catch their van, which is getting super frustrating in the dark.

    Assuming we do have right of access down the side of the property, how much space do we get (and if it's a 'depends on the plans' how do I get the plans, I don't recall which solicitor we used)?

    Also, for the straight-shot we no longer have as the front of the van is there, how long is it before they can say we no longer have a right to access as we haven't used it? I'm concerned if we later try and push at this we will be told that as we didn't object quickly enough we have lost the access.

    Assuming we haven't already of course.

    Many thanks and I hope the above is picture-able
    Tags: None

  • #2
    Sorry but that description is so convoluted I can't picture what's happening at all. Perhaps draw a sketch plan and upload?
    All opinions expressed are based on my personal experience. I am not a lawyer and do not hold any legal qualifications.

    Comment


    • #3
      And the exact wording of your right of way.
      Lawyer (solicitor) - retired from practice, now supervising solicitor in a university law clinic. I do not advise by private message.

      Litigants in Person should download and read the Judiciary's handbook for litigants in person: https://www.judiciary.uk/wp-content/..._in_Person.pdf

      Comment


      • #4
        Apologies, it was a bit of an offload on my part, I'll look to add an image shortly.

        In the meantime and with regard to the exact words of the right of way, as I say I don't recall who we used to buy the property, if we approached the solicitor we think we used and it wasn't them, would they be able to tell us who it was? Or is there another way?

        Many thanks.

        Comment

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