How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask F E Smith Your Own Question

F E Smith
F E Smith, Advocate
Category: Law
Satisfied Customers: 9032
Experience:  I have been practising for 30 years.
18203470
Type Your Law Question Here...
F E Smith is online now

I am the owner of a drive and my neighbour has rights to use

Resolved Question:

Hi - I am the owner of a drive and my neighbour has rights to use it to access their property.
For the last 30 years they have had no signage on the main road, and the signage has simply had my house name on it. There is a sign half way down the drive, where the drive splits, to indicate the direction of my neighbours house.
The neighbour is now keen to put up their own sign - so road users can see it ,on the road - and I would like to know if I can stop him/tell him he is not entitled to?
I own the drive right up to the main (public) road.
Many thanks, J
Submitted: 8 months ago.
Category: Law
Expert:  F E Smith replied 8 months ago.

Has there been a problem with people finding is house in the past?

Is he wanting to put the sign up on land which you own?

Why do you specifically object to this?

Do you get on with your neighbour or do you not speak?

Have you said that you would agree to this and will you agree, if he pays you money for the consent?

The legal situation is that notwithstanding you may have the right over the drive, he is not entitled to put up any signage on land which does not belong to him unless the landowner consents or there is something in the deeds granting the right of access which allows him to do so.

Other than that, regardless of the reason, you are entitled to simply refuse.

What you could do of course is grant him a licence (a licence can always be withdrawn) subject to the payment of, for example, £100 per year. It depends how important it is for him to have a sign in place and how strongly you don’t want it. You are in the driving seat.

Can I clarify anything for you?

Please rate the service positive. It’s an important part of the process by which experts get paid.

We can still exchange emails.

Best wishes.

FES.

Expert:  F E Smith replied 8 months ago.

Has there been a problem with people finding is house in the past?

Is he wanting to put the sign up on land which you own?

Why do you specifically object to this?

Do you get on with your neighbour or do you not speak?

Have you said that you would agree to this and will you agree, if he pays you money for the consent?

The legal situation is that notwithstanding you may have the right over the drive, he is not entitled to put up any signage on land which does not belong to him unless the landowner consents or there is something in the deeds granting the right of access which allows him to do so.

Other than that, regardless of the reason, you are entitled to simply refuse.

What you could do of course is grant him a licence (a licence can always be withdrawn) subject to the payment of, for example, £100 per year. It depends how important it is for him to have a sign in place and how strongly you don’t want it. You are in the driving seat.

Can I clarify anything for you?

Please rate the service positive. It’s an important part of the process by which experts get paid.

We can still exchange emails.

Best wishes.

FES.

Customer: replied 8 months ago.
There has been no problem in the past but the new owners purchased the property 2 years ago and would now like a sign. The sign would be on 'my' property (which starts at a public road). In the title deeds they have rights to use the drive but no rights to put up a sign. We do not want a sign put up on the road as this may cause a plethora of other signs / make it look very messy on the road side.
So, am I right in thinking that he has no rights to erect a sign to his property (in common law) unless I let him (even if he claims it makes his property difficult to find)? Thanks, James
Expert:  F E Smith replied 8 months ago.

Your understanding is absolutely correct. He may be alleging that it makes his property difficult to find but that’s only because no one knows where it is. He bought a property with the access as it is, and if you don’t want a sign, he is stuck with it, it is a simple as that. If it’s difficult to find, he needs to give people better directions!

F E Smith, Advocate
Category: Law
Satisfied Customers: 9032
Experience: I have been practising for 30 years.
F E Smith and other Law Specialists are ready to help you

What Customers are Saying:

 
 
 
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
< Previous | Next >
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C.
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther
 
 
 

Meet The Experts:

 
 
 
  • Jo C.

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
< Previous | Next >
  • http://ww2.justanswer.com/uploads/EM/emus/2015-7-7_192327_bigstockportraitofconfidentfemale.64x64.jpg Jo C.'s Avatar

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
  • http://ww2.justanswer.com/uploads/BE/benjones/2015-12-1_0437_ennew.64x64.jpg Ben Jones's Avatar

    Ben Jones

    UK Lawyer

    Satisfied Customers:

    11553
    Qualified Solicitor - Please start your question with 'For Ben Jones'
  • http://ww2.justanswer.com/uploads/BU/Buachaill/2012-5-25_211156_barrister5.64x64.jpg Buachaill's Avatar

    Buachaill

    Barrister

    Satisfied Customers:

    1754
    Barrister 17 years experience
  • http://ww2.justanswer.com/uploads/JO/jojobi/2013-3-19_0265_maxlowryphoto.64x64.jpg Max Lowry's Avatar

    Max Lowry

    Advocate

    Satisfied Customers:

    894
    LLB, 10 years post qualification experience
  • http://ww2.justanswer.com/uploads/UK/UKLawyer/2012-4-12_9849_F2.64x64.jpg UK_Lawyer's Avatar

    UK_Lawyer

    Solicitor

    Satisfied Customers:

    750
    I am a qualified solicitor and an expert in UK law.
  • http://ww2.justanswer.com/uploads/KA/Kasare/kasare.64x64.jpg Kasare's Avatar

    Kasare

    Solicitor

    Satisfied Customers:

    402
    Solicitor, 10 yrs plus experience in civil litigation, employment and family law
  • http://ww2.justanswer.com/uploads/OS/osh/2015-7-7_19268_gettyimagesb.64x64.jpg Joshua's Avatar

    Joshua

    Lawyer

    Satisfied Customers:

    8199
    LL.B (Hons), Higher Prof. Dip. Law & Practice