We have owned a house in Italy for six years and have had the right of way through our neighbours path down to the beach , A month ago he blocked our access ..
Thank you for this .... our neighbour who is a lawyer has told us we need to write to a local judge in court and go through a legal process which is no doubt expensive but you sound as if you have personal experience .. is that right?
No .. to get the right of way you need to establish use /passage for 20 years ... so if you start walking through your beautiful neighbours garden now and continue to use it for the next 20 years then you will have established your right of way
i have just called our lovely lawyer friend / neighbour who said that if one has used the access within the past 20 years then you will have the right to pass through the property
So in your situation you would have to block access for 20 years to claim it back . They could argue the 'Uso Capione '
But if it doesn't bother you that't good news .
As for us our lawyer will need to write to the judge and have our access re-opened
Comments posted
Thank you for this .... our neighbour who is a lawyer has told us we need to write to a local judge in court and go through a legal process which is no doubt expensive but you sound as if you have personal experience .. is that right?
Yes I understand this . We have a historical right of way which is written in our contract.
we have photos of it a month ago and photos of it now .
our neighbour has just blocked it with mesh, metal , rubble etc (blocking our access)
we have written to him and had no response.
what can we do ?
If you go to italy you need to call ASL then quarantine for 5 days . you cannot go for less than 5 days
they check up on you .
When you come back to the UK you need to quarantine again for 10 days .
I suggest you wait until after the 19th of July when things are likely to become more relaxed.
Thank you
No .. to get the right of way you need to establish use /passage for 20 years ... so if you start walking through your beautiful neighbours garden now and continue to use it for the next 20 years then you will have established your right of way
Hello
Thank you for responding
i have just called our lovely lawyer friend / neighbour who said that if one has used the access within the past 20 years then you will have the right to pass through the property
So in your situation you would have to block access for 20 years to claim it back . They could argue the 'Uso Capione '
But if it doesn't bother you that't good news .
As for us our lawyer will need to write to the judge and have our access re-opened
Where is your property ?
All the best
Sandra