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Aston Lawyer
Aston Lawyer, Solicitor
Category: Law
Satisfied Customers: 10585
Experience:  Solicitor LLB (Hons) 23 years of experience in Conveyancing and Property Law
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I own a drive which a neighbor has rights to use. This

Resolved Question:

Hi - I own a drive which a neighbor has rights to use. This neighbor is unhappy with the level of 'maintenance' I carry out on the drive and has asked if they can maintain the grass/hedges etc.
My question is, if I allow the neighbor to carry out this work will it also give them any rights to ownership in years to come? In other words, what are the risks (to me) of allowing him to carry out this regular work.
Thanks, James
Submitted: 1 year ago.
Category: Law
Expert:  Aston Lawyer replied 1 year ago.

Hi,

Thanks for your enquiry.

You have absolutely nothing to worry about if you allow your neighbour to carry out maintenance. Under adverse possession law (ie the law where one party claims another party's land), you have to show that your possession of the said land was WITHOUT the consent of the true owner. So, if you grant consent, there is no "adverse possession".

In any event, a party can't claim another party's land, where that party has a right of way over the land in question!

You are therefore doubly covered, and your neighbour would not be able to make any claim over your land in the future.

I hope this assists and sets out the legal position.

Kind Regards

Al

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