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access rights over neighbours yard

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  • access rights over neighbours yard

    Hi I hoping someone may be able to advise me. We have lived in our present house 37 year and when we bought the house it was put into our deeds that we have access rights over the hole of the next door neighbour yard it states we can cross the yard with or without motor and other vehicles over and along the yard. We have not used the vehicle access for some years and when we put a fence up between the 2 properties we did not put gates in to use the vehicle access. Because the the owner of the property next door is selling his property he has put a fence up across his yard and create an alley way at the bottom of his yard (which we did not agree to) for us to use and is claiming that the rest of his yard is private in the sales details in his house, he also stated we could not use the vehicle access rights over his yard.
    my question is can he stop us using the vehicle access because we havent used it for some years or can we put gates in our fence and insist that he put gates in his fence.
    There has been about 4 previous owners of his property since we bought our property and have never had a problem until now. We also had a our property surveyed which states if we gave up our right of way it would devalue our property and increase the value of his property
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  • #2

    Really commenting here to bump your post up

    I think your problem might be that by removing access by erecting a fence without providing gates a court might decide you have abandoned the right of access, although because you had no intention to abandon it a court might decide in your favour.

    I can only suggest you try and come to an agreement with your neighbour as this situation could end up costing many £££££s

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