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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 69369
Experience:  Over 5 years in practice
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Are there new rules/rights in place for home owener of 25 year

Customer Question

Are there new rules/rights in place for home owener of 25 year plus with regards XXXXX XXXXX of ways/driveways between neighbouring households?
Submitted: 2 years ago.
Category: Law
Expert:  Jo C. replied 2 years ago.
Hi.

Thank you for your question. My name is Jo and I will try to help with this.

Could you explain your situation a bit more please?
Customer: replied 2 years ago.

My parents have been living at their property for roughly 28/29 years. When they moved in, their semi-detached house came with a driveway which sits inbetween their house and another.


The problem they are facing now is to do with their neighbour. He is currently doing building work in his back garden. However, he needs right of access of the driveway so the building work can be completed.


 


After their neighbour did some investigation, he is stating that the driveway is owed by a private owner. He has supplied them with documentation of this? Not sure of the validity of this though.


 


I want to find out if my parents are able to claim the driveway as their own as they have been using this since they first purchased their house without any problems.


 


If you need any further information, please let me know.


 


Thank you, Marisa

Expert:  Jo C. replied 2 years ago.
Thanks

There is nothing that relates specifically to a 25 year period. The Prescription Act allows someone to claim a prescriptive easement if they have enjoyed the use of something for 20 years or more without objection, or consent and provided they have used it, not in secret.

You will need to get the deeds to your parents house and the plan which you can get from the land registry for £6 by following this link

https://eservices.landregistry.gov.uk/www/wps/portal/!ut/p/b1/04_SjzS0tDQwMTIxMjLXj9CPykssy0xPLMnMz0vMAfGjzOKNjSxMDA1NjDwsjM3MDTxN3dyNDUNMjQ1MjPWDU_P0c6McFQH3SLFU/

Once you have the deeds, you will see what right your parents have over this area and whether they own it or not. It will also say what rights the neighbour has if any.

You can also get the neighbours deeds which will confirm whether he owns it.

If the drive is not shown on either set of deeds, and they want to establish who owns the area, they will need to mark one of their own deeds plans showing the area, in red, and send it to the land registry with form SIM (search of the index map). The land registry will then write back saying whether it is registered and what the title number is. Once they have the title number they can once again get the deeds using the above link.

Can I clarify anything for you?

Jo
Customer: replied 2 years ago.

Hi Jo,


Thank you for getting back to me so quickly!


 


It seems that my parents fall under The Prescription Act which you mentioned.They have never been challenged on the use of the driveway until now.


 


This being the case, how would my parents go about claiming?

Expert:  Jo C. replied 2 years ago.
It is not really something that they would want to do themselves unless they have experience of it.

Fortunately the land registry have produced this useful guide

http://www.landregistry.gov.uk/professional/guides/practice-guide-52

The process is not easy for the lay man and you will see how to do it by scrolling down to 5.1
Customer: replied 2 years ago.


Hi Jo,


 


You mentioned that this is not something my parents should do on their own if no experience.


 


Therefore, where would I start looking for assistance on this?


 


Thanks,


Marisa.

Expert:  Jo C. replied 2 years ago.
Any conveyancing solicitor can do this for you


Customer: replied 2 years ago.

Ok. Are you able to recommend any in the London area?

Expert:  Jo C. replied 2 years ago.
We cannot recommend anybody under the rules of this site but if you call the Law Society tomorrow here

http://www.lawsociety.org.uk/

They will give you some referrals.

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