Private Right of Way

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Posts: 9
Joined: Sun Mar 25, 2007 10:15 am
Location: Hampshire

Private Right of Way

Post by reubenpeckham » Sat Oct 06, 2007 12:17 pm

I have recently moved and the new house comes with a large garden. There is a private track at the rear of the garden with a pedestrian gate providing access onto the track.

We were informed by our vendors that no right of way existed onto the track and that they used the access gate only on the basis of an amicable arrangement with the owner of the track. They lived in this house for 25 years and refused to sign a statutory declaration to this effect (although I have this in writing from their solicitor).

The lady who owns the track now tells me that she is intending to fence off the gate so that we are completely restricted from using it. I have traced the previous previous owners (who sold to our vendors in 1983) and lived there between 1975 and 1983. They have told me that the gateway has always been there and was regularly used by them and by others (who walked through their garden).

Hence-on this basis- I believe a right of way to exist due to historical reasons- hence I don't believe the owner of the track can do this- can anyone confirm? Also, how do I go about stopping her from doing this-what would be the legal process?

Many thanks.

Reuben Peckham.

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Post by Conveyancer » Sat Oct 06, 2007 5:23 pm

Since the previous owner denies that a right exists it is difficult to see how you are going to convince a court that you can claim a right.
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