It’s my right of way isn’t it?

right of way

What should I do if a neighbour blocks my right of way?

The first step is to check the title documents for your property to see if you have a clear right of way created by deed over your neighbour’s land. Sometimes this can be checked at the Land Registry online.

If the right of way has not been included in your title documents then you should consider whether you have acquired a private right of way following the passage of time. This will depend upon evidence of use from you. If you have not lived in your property for a long time evidence will need to be obtained from the previous owners. Use needs to be for a continuous period of at least 20 years without your neighbour objecting or giving you a permission to do so. You may need to contact more than the people who sold the property to you. Various situations may have prevented time running, for example locked gates.

If you satisfy the legal test then paperwork will have to be filed at the Land Registry asserting your right and the views of those affected will be sought.

It is always good to seek legal advice to clarify your position then to try to resolve the situation amicably with your neighbour.

 

If you would like to make an appointment with a civil litigator please contact Catherine Green, Partner at WSP Solicitors.

Read more of our articles about Residential Property and Civil Disputes.

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