Good Morning Christmas Eve Birds!
ChatterBank2 mins ago
neighbouring problem
My neighbour has padlocked my legal right of way and I do not have a key - can they do this?
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Have you checked out the right of way, extent, origin etc...? CAB or a solicitor could help esp if you bought recently, should be in your report on title form your solicitors.
Also why he has padlocked it eg security, keep you and/or others out? This could make a big difference in how you deal with him as does your relationship with them. If amicable go and have a chat.
If not you could write them a letter enclosing evidence eg official copy entries of your title and the filed plan if it's on there, may be in your deeds if you have them or you can get one from here...http://www.landregisteronline.gov.uk/.
The right should be referred to but you may need to get a copy ofthe relevant document eg conveyance, transfer, deed etc...
Make it quite friendly and amicable (keep a copy) and say that you are enclosing evidence of your legal right of way which he is interfering with.
State that you appreciate his needs for security etc...but
need a key in order that you can exercise your right of way.
See if he would be willing to meet to discuss it.
If you get no response or a negative on you could try sending a letter by registered post (i know it's nxt door but can be evidence) stating that you want a response, preferably a key, within say 7 days from the date of delivery or you will be taking legal advice.
Stress in letters and conversations that you want everything to be resolved as amicably as possible.
It could be an idea to get a legal letter done after that, maybe threatening injunctive proceedings but the quicker, easier and more amicably it can be resolved the better with you being neighbours.
Good luck!
Also why he has padlocked it eg security, keep you and/or others out? This could make a big difference in how you deal with him as does your relationship with them. If amicable go and have a chat.
If not you could write them a letter enclosing evidence eg official copy entries of your title and the filed plan if it's on there, may be in your deeds if you have them or you can get one from here...http://www.landregisteronline.gov.uk/.
The right should be referred to but you may need to get a copy ofthe relevant document eg conveyance, transfer, deed etc...
Make it quite friendly and amicable (keep a copy) and say that you are enclosing evidence of your legal right of way which he is interfering with.
State that you appreciate his needs for security etc...but
need a key in order that you can exercise your right of way.
See if he would be willing to meet to discuss it.
If you get no response or a negative on you could try sending a letter by registered post (i know it's nxt door but can be evidence) stating that you want a response, preferably a key, within say 7 days from the date of delivery or you will be taking legal advice.
Stress in letters and conversations that you want everything to be resolved as amicably as possible.
It could be an idea to get a legal letter done after that, maybe threatening injunctive proceedings but the quicker, easier and more amicably it can be resolved the better with you being neighbours.
Good luck!
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