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Aston Lawyer
Aston Lawyer, Solicitor
Category: Law
Satisfied Customers: 10493
Experience:  Solicitor LLB (Hons) 23 years of experience in Conveyancing and Property Law
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The first part of our drive belongs to someone else and we

Customer Question

The first part of our drive belongs to someone else and we as well as another house have a right of way over it. Our water supply runs along (underground) the drive in question and we need to carry out some work. We have no address for the owner of the drive, although he occasionally turns up to complain about the state of the drive etc. do we need his permission to carry out those works or is it implied that we are allowed to carry them out if needed? Can he oppose them? Thank you!
Submitted: 2 years ago.
Category: Law
Expert:  Aston Lawyer replied 2 years ago.

Hello and thanks for using Just Answer.

My name is ***** ***** am happy to assist you with your enquiry.

Do you have a copy of your Deeds (the Land Registry title) to hand?

Kind Regards

Al

Customer: replied 2 years ago.
Yes
Customer: replied 2 years ago.

yes I have an electronic form, can I email it to you?

Expert:  Aston Lawyer replied 2 years ago.

Hi David,

Thanks for your reply.

Well, you will need to look at the Deeds to see what rights your property has been granted, over the driveway.

If i refer you to the Property Register, this should set out any rights you do have- there should of course be a right of way over the driveway, and as regards ***** ***** supply, you are looking for wording similar to -

"together with a right of passage of water over the driveway and the right to access the driveway for the purpose of maintaining the drains pipes and sewers serving the property"

or words to that effect.

If such wording does exist, then you have the right to make the necessary works. If there is no such wording, I'm afraid you would need to seek consent of the owner, as there is no implied right for you to enter and carry out the repairs just because your water supply runs under the driveway.

If you have any problems with understanding the Deds, please feel free to send them as an attachment in your next post.

Hope this helps.

Kind Regards

Al

Expert:  Aston Lawyer replied 2 years ago.

Hi,

Can I assist you any further?

Kind Regards

Al