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hello,
I'm am a leaseholder of a flat No 54 , along with the freeholder below me have been using a pathway down the side of our victorian house for 26 years uninterrupted along with the next door neighbour at 56. the path does not run to number 58.
A new neighbour at 58 bought his house last year and it came with a separate title absolute for the existing path at the side of our house , it also shows on the deed diagram as running historically across our garden & 56.
56 is in litigation as her absolute title deed states that the path was removed from the title under Section 75 of the Land Registration Act 1925. (3.7.1986) in 1986. So there is now a path that goes no where except down the side of our house and garden. (ther is no evidence of any path across the gardens).
Our present problem is he has notified us that he wants the key to the side gate and for us to stop using the side path for access to the garden & bikes.
If we dont give him a key he will remove the gate and replace with his own.
We are t mentioned on his title as having any right of way.
Can we challenge him ?
can we stop him removing the gate
do we have any right of way as we have been using it for 26 years?
Do we have adverse possession?
I'm am a leaseholder of a flat No 54 , along with the freeholder below me have been using a pathway down the side of our victorian house for 26 years uninterrupted along with the next door neighbour at 56. the path does not run to number 58.
A new neighbour at 58 bought his house last year and it came with a separate title absolute for the existing path at the side of our house , it also shows on the deed diagram as running historically across our garden & 56.
56 is in litigation as her absolute title deed states that the path was removed from the title under Section 75 of the Land Registration Act 1925. (3.7.1986) in 1986. So there is now a path that goes no where except down the side of our house and garden. (ther is no evidence of any path across the gardens).
Our present problem is he has notified us that he wants the key to the side gate and for us to stop using the side path for access to the garden & bikes.
If we dont give him a key he will remove the gate and replace with his own.
We are t mentioned on his title as having any right of way.
Can we challenge him ?
can we stop him removing the gate
do we have any right of way as we have been using it for 26 years?
Do we have adverse possession?
