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Right of Way

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  • Right of Way

    This concerns a row of Victorian terrace properties. The last of which is I understand the 'servient' tenant to two of the mid terrace properties. The path trodden is to the back and side of the end property. The back area measuring 2.3m in width although some to plants possibly offering 900mm as a path.The side elevation has a large area of land part of which forms a path to the road. The end terrace want to put a side elevation which will occupy 1200mm leaving 900mm for access for the neighbours. The deeds mention 'the existing right of way in common with other untitled thereto'. The pathway is not shown up on the title deed plans.

    The immediate neighbour has become very vicious and regardless of what it costs he intends to make their life a misery and of course threatening court action. The extension is currently in planning and whilst
    we are confident this will go through we are not sure how we will fair in a court situation. I would be grateful for any advise.
    Many thanks
    Dawn K
    Tags: None

  • #2
    My advice would be to get independent professional legal advice on your position. Property disputes are notoriously expensive, so it would be naive to press ahead with the extension knowing that a neighbour is threatening legal action and there is no written legal advice to back up your position.
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    • #3
      Thank you. We will obtain, we are currently in planning so that is underway but no work has started.

      Comment

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