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Could you clarify exactly the basis planning permission was denied please?
DOes the garage workshop have a formal right of way over your driveway referred to in your deeds?
no, planning permission was denied so we appealed, and it was denied again, we assumed because of this garage doing car repairs, it was like a scrap yard, and the house we were looking at building would overlook the car repair premises, as i was going to live in the house i didnt have a problem with this.
The people who run the garage initially were going to rent a unit off me a few years ago to manufacturer disco lights, but this other unit belonging to someone else came up for rent and was more secure, they rented that instead,which i was fine about, the disco light business was ailing as cheaper chinese imports prevailed, so they switched to car repairs,as i understood it, the only people that were allowed across my drive were the physical owners of the unit,and they couldnt sublet it, but this i wrong, as i have been i have been informed by there solicitors, so i have to let them pass over my drive to reach there workshop.thats ok but all the customers they have also cross my drive and sometimes block it up so i cant even get in my own drive, i have been told that i cant re - apply for planning permission again until 5 years has passed.
I'll try and put things a bit in perspective for you, imaging a square of land,approx 50 yards sq, on one side is a public road, to enter into the square, there is a double driveway in the middle, on the left of the driveway is my house,taking up 25 yards long by 5 yards wide, on the right of the driveway is a garden i propose to build a house on, the double driveway and garden belong to me, further back on the right hand side is the industrial unit that has become a car repair garage, this building and adjacent land,starts20 yards up on the right and is about 25 yards total width and length, but they have to cross my drive to get to it,this is in the deeds i cannot stop them access, , but do i have to allow all there customers over my drive as well,i dont think so, so i can either try and stop customers crossing my drive, or charge the garage for using my driveway for there customers to get to there garage, i have to maintain my drive as well from damage caused, be it only little damage,caused by there customers cars
so the garage does have a formal way but surely not all the garage customers as well, hope this has explained enough, please advise for more info thanks john
sorry for the delay in reverting to you. Thank you for your comprehensive explanation. Do you have the exact wording of the right of way that appears on your title deeds to hand?
unfortunately not, i had a problem with the actual owner a few years ago and they moved premises, the solicitors i gave it to handle, either lost them or posted them back to me and the they were delivered to the wrong address, ie the owners i have the dispute with, this happened now and again as we share the same address, the solicitor claims they were sent back??? it read something like :- my driveway is to be used for the passing of a vehicle onto the unit, only one vehicle to be left overnight, no working other than between the hours of 8am and 6pm , no admission onto any part of my drive other than to view any maintainence required on there property that butts up to my driveway, thats about it, i could try and locate the solicitor who acted on behalf of the people i bought the property off, but this was back in 2001,
Is the land registered at the Land Registry? The wording of the right of way is key to this without which I will only be able to give you very general guidance which is why I ask.
In the assumption your title is registered you can download a copy of your title here:http://www.landregistry.gov.uk/public/online-services
ok thanks i,ll have a look into and get back to you,
I look forward to hearing from you.