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My Parents Have An Archway Between Next Door, Which They Have Used Solely For Many Year

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alih | 11:31 Sun 05th May 2013 | Law
5 Answers
the neighbors now want to share the access as they are buying their property,
do they have the right to do this as they have never used it before and can get to the back of the house by the side of their house. And my parents use it to store my mums mobility scooter and ladders & things. If they have used it or well over ten years, is it rightfully theirs by law.
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What do the deeds say? If it's a council property check with the council. If they were entitled to use it initially I cannot imagine that their failure to use the archway over the last 10 years means they lose the right to use it in the future
Is the spelling of "neighbors" a mistake or are you in America? If it's the latter, you are better to ask on a US site as this is UK-based.
how do you know they've never used it? even if they haven't, they could say they do use it, and you have just never seen it - you would have a job proving it, since 'using' it just means to walk through it.

i don't see how just because someone uses a shared space more than the other means the other must relinquish any rights to it.
they have not abandoned it, they just use another entrance more often

if you own something, its yours to use as little or often as you wish, and just because they have 'allowed' your mum to clog it up with her stuff does not mean they are no longer the owners
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i know they have never used it because we moved into the property when i was 16yrs old i am now 49.. They have only been in the property about 10yrs. The former tennant gave my father permission the errect a fence to block the arch off from there property as they didn,t need to use it. Thank you for your reply we will check the deeds & also check with the council.
Tenants can't give permission - only the landlord

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