Property Disputes – Disputed Right of Way

Sector

Residential Property.

How we helped

This is a neighbour/easement dispute concerning a disputed right of way to access residential property. The clients have always exercised their rights over an Estate after being the first to purchase from the Estate, and years later, buying the freehold. New neighbours moved in, in 2015/2016 and have recently prevented our clients from accessing the side of their garden as they have always done, resulting in police involvement. It has been an extremely difficult time for the clients who are retired and are having to deal with an aggressive and difficult individual who is now trying to prevent them from accessing land they have always maintained at the side of their property.

An application was made to HMLR to register our client’s rights against the title to the property. That application was rejected by HMLR due to a missing deed of variation and necessitating a claim for a declaration from the court. A letter of claim has been sent to the neighbours who are in the process of selling their house, and a response is expected mid-February. Proceedings will be issued in absence of any formal response.

Value

No direct financial value although the amenity of our clients’ property is at stake.

Lawyers involved

Kristy Ainge.