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Access across my property

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  • Access across my property

    I live in a terrace of private houses where access to each is via a gate and path which runs along the front of each commencing at No4 and finishing at No1. A right of way clause in our title deeds allows all parties access to their front doors. The owner of property 1 has set up a physiotherapist practice so footfall along the path has increased significantly from what was envisaged when I purchased my property (No3) and as the path runs only 4m from my house I feel anxious when in my lounge or kitchen which both look out onto the path with people passing every hour or more during the day and early evening. Does the right of access across my property include for this situation? Also if someone slips on the section of path which is on my property (it has been very slippery during the recent cold spell) am I liable?
    Tags: None

  • #2
    Q1 - probably yes.

    Q2- possibly yes - check your home insurance.

    You might investigate whether planning permission is needed to run this business from this house.
    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 this: https://www.judiciary.uk/wp-content/..._in_Person.pdf

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    • #3
      Thank you. I Have asked planning and they are ok with business being undertaken as long as is no external signage, direction boards etc. The property is also used as a domestic residence. The title deeds contain a clause specifically excluding use for for the purposes of carrying on any “trade, business or profession. How best to have this condition enforced?

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      • #4
        Do you have legal expenses insurance cover?
        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 this: https://www.judiciary.uk/wp-content/..._in_Person.pdf

        Comment


        • #5
          No insurance

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