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Max Lowry
Max Lowry, Advocate
Category: Law
Satisfied Customers: 1457
Experience:  LLB, 10 years post qualification experience
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can my neighbour build a wall down the middle of our shared

Customer Question

can my neighbour build a wall down the middle of our shared driveway meaning the car door cannot be opened wide enough for someone to exit the vehicle
Submitted: 3 years ago.
Category: Law
Expert:  Max Lowry replied 3 years ago.

Max Lowry :

Hi, welcome to Just Answer. I will help you with your question.

Max Lowry :

Do you both own the driveway or does one of you own it and have rights over it?

JACUSTOMER-t92mvkq3- :

we each own our own drives

Max Lowry :

Okay, and you both have rights over the others drive?

JACUSTOMER-t92mvkq3- :

the houses and drives were built in1963 and we were not the original owners

Max Lowry :

Okay. Your position depends on the actual wording of the covenants in the deeds that give the shared rights over the drives. Typically, though, if there is an obstruction preventing the intended use, (e.g. for cars to come and go without hinderance) then there would be a breach of the covenants and this would be actionable. So, putting a wall down there that would hinder the intended purpose is likely to be preventable by an injunction being granted by the Court (either to prevent the building of the wall, or to force it to be removed if built).

JACUSTOMER-t92mvkq3- :

what wording should i be looking for

Max Lowry :

Well, there could be a million different things, you need to get out the deeds and see what it actually says. If you don't have them to hand, it might be possible to get them from the land registry via an online search at www.landreg.gov.uk

Max Lowry :

It would usually be something like "the right to pass and repass with vehicular access ...."

Max Lowry :

It might even expressly prevent the building of walls etc.

Max Lowry :

Does this answer your question?

Max Lowry :

If not, I'm happy to elaborate on anything you need to know.

JACUSTOMER-t92mvkq3- :

this problem has arisen because the original owners of the other property have recently died and their son has taken over the property. we have lived alongside the original owners for 45 years and never had any problems

Max Lowry :

Yes, this is a common thing. Hopefully, the deeds will spell out the rights quite clearly, so there should be little scope for this going too far.

JACUSTOMER-t92mvkq3- :

thank you

Max Lowry :

You're more than welcome. If, when you've seen the deeds, you want to ask anything else, just let me know.

Max Lowry :

I hope this answers your question. If you need further information, just let me know. Please do remember to rate my answer as highly as you can.

Max Lowry :

Please do remember to rate my answer, and if you need more general information in the future, do just let me know, and I'd be more that happy to try and answer your questions.

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