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F E Smith
F E Smith, Advocate
Category: Law
Satisfied Customers: 9324
Experience:  I have been practising for 30 years.
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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: 10 months ago.
Category: Law
Expert:  F E Smith replied 10 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What you could do of course is grant him a licence (a licence can always be withdrawn) subject to the payment of, for example, £100 per year.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 10 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 10 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 10 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!

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