neighbour is claiming right of way to way down the side of my house (2 1/2 ft wide)

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dingdong

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My neighbour is claiming right of way to way down the side of my house (2 1/2 ft wide) onto main road. They already have an exit point at rear of house, onto footpath then to main road.

They are claiming right of way , as they have used since the 1960's.

I have checked there title documents to there property. It does not mention anything in documents that they have right of way, down side of my property.

Do they have any claim to this right of way. Also the fact they have an easier exit point at rear of house.

Let me know any thoughts. They are being really awkward,
 
Hi dingdong,

When in doubt talk to a solicitor.

They will probably have to read the lease and assess the claim and take advice from other professionals or seek barristers opinions if required.
I'm not trying to multiply your costs, sometimes these things need to go before a Judge to get sorted.

ONQ.
 
Tell them in writing to prove their right, otherwise they can't use it.

Why should you be put to the expense of a solicitor to refute their claim?
 
Right of Ways can be very complicated.

But I think this is what's called a 'right of way by prescription' that he's trying to claim.... if you say that it's not on any folio map etc. Do a search in google for 'right of way' and 'right of way by prescription' there's plenty of info out there.
Also search for a change that went into effect Dec 2009 to the 'Land and Conveyancing Act'


If it is not on any map, folio, then it is my understanding that the onus is on the person trying to access your land to prove they've been using it for the past 12 years without secrecry or force. it's up to them to go to court to get it registered.. Good luck with it.
 
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