Right of way and boundary issues
Discussion
Martin315 said:
blueg33 said:
You need to act now. The clock is ticking.
You need a property lawyer who does property litigation as you may need to get an injunction in place. But start with a letter from the lawyer.
I can make some suggestions but all the lawyers I use are expensive development and land lawyers.
My list of go to’s
DACBeachcroft
Squire Patton Boggs
Gowlings
Norton Rose Fulbright
I think any of those would be too expensive for a domestic property dispute You need a property lawyer who does property litigation as you may need to get an injunction in place. But start with a letter from the lawyer.
I can make some suggestions but all the lawyers I use are expensive development and land lawyers.
My list of go to’s
DACBeachcroft
Squire Patton Boggs
Gowlings
Norton Rose Fulbright
Edited by blueg33 on Sunday 23 June 10:49
Jeremy-75qq8 said:
https://www.abacus-law.co.uk/blog/right-of-way-blo...
This sums it up.
Personally I would do the land reg searches and then write to him signed for delivery saying
1. I have a right of way per the attached docs
2. We have spoken about this on the ( if you know the dates ) or x times over the past x years and you have said ( or ignored me )
3 I need that access because ....( bins / garden waste whatever )
4 I wish to resolve this amicably before looking at a legal route which will be uncomfortable for us both.
5 please may I have your proposals to re establish my right of way within 28 days
This starts some form of process with close to nil cost other than £6 at the land registry.
If he ignores you then engage a solicitor
All fine so long as the OP doesn't intend to sell at any point in the short or medium term.This sums it up.
Personally I would do the land reg searches and then write to him signed for delivery saying
1. I have a right of way per the attached docs
2. We have spoken about this on the ( if you know the dates ) or x times over the past x years and you have said ( or ignored me )
3 I need that access because ....( bins / garden waste whatever )
4 I wish to resolve this amicably before looking at a legal route which will be uncomfortable for us both.
5 please may I have your proposals to re establish my right of way within 28 days
This starts some form of process with close to nil cost other than £6 at the land registry.
If he ignores you then engage a solicitor
GoodOlBoy said:
Presumably the shed already blocks your right of way ? Why then has it taken you seven years (since he built it) to consider taking action ?
Fair question.If the access has been blocked and you have lived without it for 7 years, maybe it's not needed, not worth fighting over and adds no value to your house?
Maybe you're actually better off without the houses further down the terrace having access over your garden?
What do people further down think?
Is there access from the other end?
t show if and when you come to sell.We have been asking them politely trying by to keep it amicable. We still had access to garden the shed has gradually been getting bigger in size by adding in lean to.
Secondly the shed doesn’t block the whole access 3/4 of the way if not more.
Thirdly we would like to extend and the side excess will make it much more cleaner then builders going through the house.
You can still get through haven’t spoken to neighbours about their access as my immediate neighbours live abroad majority of the year the ones on from there have had their house on rent.
Also agree when place goes onto the market in the next few years will be a nightmare.
Secondly the shed doesn’t block the whole access 3/4 of the way if not more.
Thirdly we would like to extend and the side excess will make it much more cleaner then builders going through the house.
You can still get through haven’t spoken to neighbours about their access as my immediate neighbours live abroad majority of the year the ones on from there have had their house on rent.
Also agree when place goes onto the market in the next few years will be a nightmare.
Edited by mm23 on Sunday 23 June 16:15
Edited by mm23 on Sunday 23 June 16:15
The phrase you're looking for is 'substantial interference.
Where you're headed is 'injunctive relief'
To get there;
Write to him, deliver by hand.
Put copy of the land registry docs, highlight in the letter that the actions he has taken amount to substantial interference.
Advise him that unless dialogue is opened, reasonably culminating in the access being opened then you'll start proceedings to force him via a court order.
This all assumes everything you've said is correct. BUT after 7 years the court will likely ignore you.
Where you're headed is 'injunctive relief'
To get there;
Write to him, deliver by hand.
Put copy of the land registry docs, highlight in the letter that the actions he has taken amount to substantial interference.
Advise him that unless dialogue is opened, reasonably culminating in the access being opened then you'll start proceedings to force him via a court order.
This all assumes everything you've said is correct. BUT after 7 years the court will likely ignore you.
mm23 said:
He will not resolve amicably.
He is too comfortable that he has combined both gardens.
He won’t let me walk through.
The gate is padlocked.
Exercise your rights using a ladder, have someone record it on a phone. If the shed went up in 2017 he's not even close to extinguishing the rights and you exercising them resets the clock, which is why it's important to record it. While he's being an obstructive bellend, be one right back by using your right of way as often as you can.He is too comfortable that he has combined both gardens.
He won’t let me walk through.
The gate is padlocked.
Edited by hidetheelephants on Sunday 23 June 18:29
James6112 said:
WyrleyD said:
James6112 said:
Come in Equius for sound advice!
\Equus doesn't live here anymore....
The one person respected by all.
A great loss.
Knowledgeable person with relevant expertise helpfully provides advice.
People mostly appreciate this (some act like arse as it's the internet).
Knowledgeable person gains some sort of status.
Status goes to his head.
Starts acting obnoxiously, can no longer post without causing an argument.
Knowledgeable person leaves in a strop.
A shame as always, happens every time though.
LuckyThirteen said:
Oh, and substantial interference is for if you've been inconvenienced.
You're going to have to show that after seven years, you're somehow being inconvenienced, now.
Won't be easy
I had to investigate rights of way ( including legal advise ) for some commercial units I have. I am pretty sure that the rights do not expire due to lack of use. You're going to have to show that after seven years, you're somehow being inconvenienced, now.
Won't be easy
Richard-D said:
It went the way it always does...
Knowledgeable person with relevant expertise helpfully provides advice.
People mostly appreciate this (some act like arse as it's the internet).
Knowledgeable person gains some sort of status.
Status goes to his head.
Starts acting obnoxiously, can no longer post without causing an argument.
Knowledgeable person leaves in a strop.
A shame as always, happens every time though.
It's also a shame when subject matter experts are argued with by twits who know nothing.Knowledgeable person with relevant expertise helpfully provides advice.
People mostly appreciate this (some act like arse as it's the internet).
Knowledgeable person gains some sort of status.
Status goes to his head.
Starts acting obnoxiously, can no longer post without causing an argument.
Knowledgeable person leaves in a strop.
A shame as always, happens every time though.
hidetheelephants said:
Richard-D said:
It went the way it always does...
Knowledgeable person with relevant expertise helpfully provides advice.
People mostly appreciate this (some act like arse as it's the internet).
Knowledgeable person gains some sort of status.
Status goes to his head.
Starts acting obnoxiously, can no longer post without causing an argument.
Knowledgeable person leaves in a strop.
A shame as always, happens every time though.
It's also a shame when subject matter experts are argued with by twits who know nothing.Knowledgeable person with relevant expertise helpfully provides advice.
People mostly appreciate this (some act like arse as it's the internet).
Knowledgeable person gains some sort of status.
Status goes to his head.
Starts acting obnoxiously, can no longer post without causing an argument.
Knowledgeable person leaves in a strop.
A shame as always, happens every time though.
Back on topic - do you have to exercise your rights to 'reset the clock' or is recording that you are being stopped from doing so (dated letter requesting access be unblocked etc.) enough to achieve this?
Richard-D said:
Back on topic - do you have to exercise your rights to 'reset the clock' or is recording that you are being stopped from doing so (dated letter requesting access be unblocked etc.) enough to achieve this?
An interesting question and one I don't have a clue on, just a vague awareness that exercising ROWs keeps them in existence.Gassing Station | Homes, Gardens and DIY | Top of Page | What's New | My Stuff