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Joshua
Joshua, Lawyer
Category: Law
Satisfied Customers: 25954
Experience:  LL.B (Hons), Higher Prof. Dip. Law & Practice
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Hi I have recently moved to a new property which had a shared

Resolved Question:

Hi
I have recently moved to a new property which had a shared access,the neighbour at 53 has just created his on access so does not need to enter via the old access any more,in his planning it stated he got this to reduce conflict with No 51 & his plans/Drawing did not show his original shared access.The Neighbour to my left also used to share this access but on creating his own has bricked the shared up as have the others along this stretch of road.I have parked on his shared access & he has threatened me on four occasion,also he has a workshop in his back garden that appears to break the planning rules in Tendering as it is built on the property line & the roof overhangs into my property so the foundations must do also,looking for some much needed advice????
Submitted: 3 years ago.
Category: Law
Expert:  Joshua replied 3 years ago.

Joshua :

Hello and thank you for your question. I will be very pleased to assist you. I'm a practicing lawyer in England with over 10 years experience.

Joshua :

How may I assist you with this please? Are you seeking information about how you may proceed in these circumstances, and in particular what rights you have?

Joshua :

May I ask to what extent the workshop in his back garden overhangs your property?

Joshua :

His he carrying out business activities in the workshop?

Customer:

Yes i need to know my rights as i was told that you can not have two access into the propertys in Essex i want to know if i can stop him or what happens to me if i block him from using it.the workshop is a hobby room but looking at Tendering guide lines on out buildings it appears to break all the rules ie it is over 2.5 metres in height on the property line etc i woundered if this could be used as leverage to stop him using the old drive way.in his planning he did not state he was creating an in and out drive?

Joshua :

Many thanks. May I confirm with you that he obtained planning permission for neither the workshop nor the drive alterations? When was the workshop erected roughly?

Customer: He had planning for the drive from tendering and i have contacted a enforcement officer who said they missed the blocking up of the old access basicaly they are not interested anymore.the outbuilding i have no idea of how long it has been errected butit overhangs by at 6 inches or more.i was also told by the estate agent when buying that i would have plenty of parking as he wad creating his own access.
Joshua :

Thanks - has the outbuilding been in place for more than 4 years do you think?

Customer: Could well be i have no idea when it was errected
Joshua :

Thanks

Joshua :

The position regard to the shared access is that as to any part of the driveway over which your neighbour has a legal right of way, this cannot be parked upon without the neighbours consent. Such rights of way are not extinguished.

Joshua :

The position with regard to the outbuilding is if it is less than 4 years old then it may be in breach of permitted development rights from what you say.

Customer: So basically thetes mpthing i can do?
Joshua :

Permitted development rights provide that outbuildings and garages may be single storey with a maximum height of 2.5 metres in the case of a building, enclosure or container within two metres of a boundary of the curtilage of the dwellinghouse.

Joshua :

If the outbuilding is less than 4 years old the council can take enforcement action in respect thereof

Joshua :

Even if the council cannot or do not wish to take enforcement action you can still take issue with the overhang. Unless the neighbour has a right to overhang your property in his title deeds which is unlikely, this amounts to a trespass.

Joshua :

You could seek to claim damages for the unlawful overhang - at this stage it is unlikely that a court would order removal. You could potentially seek to use the above issue as a means to negotiate with your neighbour in respect of the shared access issue at the front potentially - namely that you will not take action in respect of the overhang if you can come to an agreement in respect of the parking arrangements for the front of the property

Joshua :

If you wish to take action in respect of the overhanging outbuilding you can use form N16A. Whether it would be worth doing so is a matter of judgement for you as the amount of compensation you may be able to achieve may be limited unless the overhang is significant. However it remains open to you as an available course of action.

Joshua :

http://hmctsformfinder.justice.gov.uk/HMCTS/GetForm.do?court_forms_id=402

Joshua :

In respect of the driveway if you can demonstrate that it is causing you difficulties you could continue to pressure the enforcement team to take action though it is for the council to elect to take action under planning breaches.

Joshua :

Is there anything above I can clarify for you any further?

Joshua :


Does the above answer all your questions or is there anything I can clarify or help with any further?

Joshua and other Law Specialists are ready to help you