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Passageway Rights Of Way
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I live in a mid terraced house and at the back of our houses we have an entry/passageway where we can access our back gate, in the entry our bins are stored. My neighbour who has moved in 1 year ago has decided to take down the wall in her garden and make her garden bigger with the entry and fenced off the end of the entry. Her garden is therefore now bigger. She is leaving her bins in the entry at the back of my house as her part of the entry is now her garden.
I have checked my deeds and it states ".. AND TOGETHER ALSO with full right for the Lessee and his successors is title and his lessees tenants and occupiers and all persons authorised by them (in common with the Lessor and all other persons having the like right) to pass and repass with horses and vehicles or otherwise at all times during the term hereby granted and for all purposes whatsoever over and along the passage at the rear of the said premises but subject to the liability of the Lessee to pay a rateable proportion of the expenses of keeping the said passage in repair EXCEPT AND RESERVING unto the Lessor and his successors in title and their and his lessees and occupiers and all persons authorised by them or him (in common with the Lessee and all other persons as aforesaid) the right to pass and repass with horses and vehicles or otherwise at all times during the term hereby granted and for all purposes whatsoever over and along the said passage..."
What can I do about this and is the owner allowed to do this?
I have checked my deeds and it states ".. AND TOGETHER ALSO with full right for the Lessee and his successors is title and his lessees tenants and occupiers and all persons authorised by them (in common with the Lessor and all other persons having the like right) to pass and repass with horses and vehicles or otherwise at all times during the term hereby granted and for all purposes whatsoever over and along the passage at the rear of the said premises but subject to the liability of the Lessee to pay a rateable proportion of the expenses of keeping the said passage in repair EXCEPT AND RESERVING unto the Lessor and his successors in title and their and his lessees and occupiers and all persons authorised by them or him (in common with the Lessee and all other persons as aforesaid) the right to pass and repass with horses and vehicles or otherwise at all times during the term hereby granted and for all purposes whatsoever over and along the said passage..."
What can I do about this and is the owner allowed to do this?
Answers
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I can't picture in my head the exact situation that you're trying to describe in your post. However, if your neighbour is restricting or removing a right that's given to you under a covenant, you can seek a court injunction to enforce the provisions of the covenant.
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No legal eagle, but I think if someone grabs land and isn't challenged for some period of time it becomes legally theirs. I have a sibling who inherited a house and found that a neighbour had clearly built their kitchen extension over the line and they investigated and found that they couldn't get it removed. Go sort it soonest.
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