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 Joshua Your Own Question

Joshua
Joshua, Lawyer
Category: Property Law
Satisfied Customers: 25358
Experience:  LL.B (Hons), Higher Prof. Dip. Law & Practice
35043042
Type Your Property Law Question Here...
Joshua is online now

We share our drive with our neighbours. They had a single story

Resolved Question:

We share our drive with our neighbours. They had a single story extension which was angled away from the drive but they have now taken down the outside wall and extended it so that it actually goes onto the shared drive by about a metre or more. So much so that they now have no access to their garage which they are going to take it down and build a patio area. We do have access to our garage but it is not so easy to get in and out of as it used to be. They did not inform us they were doing this until a week before the builders started. We didn't realise until the extension was well under way how far it encroaches onto the shared drive. Is this legal?
Submitted: 3 years ago.
Category: Property Law
Expert:  Joshua replied 3 years ago.

Josh-2010 :

Thanks for your question. Please kindly RATE my answer when you are satisfied

Josh-2010 :

When was the work carried out please?

Josh-2010 :

Have you yet made any form of formal objection?

Josh-2010 :

Is this a situation where each of you own half the drive but have rights over the others half or is it slightly less straightforward than this?

Josh-2010 :

Have they built on the part of the drive they own but over which you have a right of way?

Customer:

The work is in progress at the moment. We have not made any formal objection yet as we are looking into our rights. As far as I am aware the deeds state" a right of way in common with all other persons having the right over and along the passage". They have built on the part of the drive that is in their half but over which we have a right of way. I have attached a copy of our deeds and a photo of the building work.

Attachment: 2013-08-09_165924_img016.pdf

Full Size Image
Full Size Image

Joshua :

Sorry for the delay in reverting to you.

Joshua :

Thank you for the above information. Thank you also for the title register you have kindly provided - I am working on the basis these are your title deeds rather than the neighbours - please advise if this is not the cae. The title deeds should have a filed plan associated with it. Do you have the title plan? If so can you confirm they have built on the area shown hatched brown on that plan?

Customer:

I have sent you the filed plans and a further photo of the extension. It is very difficult to tell whether they have actually extended onto the hatched area or not. I have spoken to the previous owners of the property and they built the original extension at an angle purposely to avoid it encroaching onto the shared drive area. The original extension was the same length but the new owners have knocked down the exterior wall and followed the line of the house to that same length. I am now concerned as to how they are going to fence off the remaining area and build a patio. I presume they are allowed to go halfway across the shared drive and no further. Do you suggest we speak to them about our concerns and find out what their plans are for the fencing and patio area?

Joshua :

Thanks. I agree it is difficult to tell whether they have built on any area comprising the hatched area, at least it is from the pictures. It is not immediately apparent to me that they have encroached onto the hatched area because looking at the plan

Joshua :

...if you were to take a ruler and draw a straight line extending from the wall of the house to their garage the line would not encroach onto the hatched area albeit it would be right up along side. From the pictures you have posted it appear that they are building the extension in exactly this straight line though I am only saying this based on the photos you have posted so I would readily accept being corrected on what I say.

Joshua :

The position in law generally is that as you have a legal right of way over the hatched area in your deeds then the owner of the land cannot obstruct or interfere with the extent of that right so as to make it more difficult to exercise. He can do as he wishes with land up to the extent of that right however.

Joshua :

This would include planting and allowing plants and foliage to grow over the extent of your right of way for example if were to do so in the future.

Joshua :

You may wish to discuss the matter with your neighbour to ensure that he is aware of the right of way and try to agree the extent of the same between you for the avoidance of futrue disagreement.

Joshua :

If you believe he is or intends to encroach onto your right of way now or in the future if you are unable to agree between you you can apply for an injunction requiring him to not to encroach or remove any encroachement using form N16A. Time can be of the essence in makinng such applications if he is building on the area as courts can be reluctant to order removal of structures if the claimant acts slowly in bringing an action.

Joshua :

http://www.hmcourts-service.gov.uk/HMCSCourtFinder/GetForm.do?court_forms_id=402

Joshua :

Is there anything above I can clarify for you?

Customer:

Thank you very much for your advice to date. Could you clarify another point for me? Do the neighbours have to legally get the title deeds amended at the Land Registry showing the extension as I am concerned it may have an impact on the sale of our house in the future. Would a copy of the amended deeds,(if this is necessary) then have to be forwarded to us. I believe they have effectively created sole usage to our property by vehicle, past the extension as it is now not possible for a car to pass beyond it. We are in the process of drafting a letter to them which I want to ensure is correct. I would be grateful if you could look at this on completion with your views.

Joshua :

A pleasure. There is no need to update title deeds to show a new building. The Land Registry does not principally concern itself with buildings. Title records held by the Land Registry are concerned with ownership records of land rather than survey records of buildings. The Land Registry does update its records via ordinance survey data in resepct of maps periodically automatically. Buildings are only shown on deeds for the purpose of identification of land.

Joshua :

Obviously the neighbours are only able to drive on that part of the drive owned by them and that part owned by you that is hatched. They may not drive on any part of the drive owned by you that is not hatched.

Joshua :

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

Customer:

Thank you. I have attached a copy of the draft letter that we have prepared. Please could you advise us if we are correct in our statements and if you have any further comments.

Attachment: 2013-08-11_094941_building_work_letter_to_neighbours.docx

Full Size Image
Thank you.

Joshua :

Certainly... just reviewing.

Joshua :

That seems a reasonable letter to open with. There is authority on the issue of encroachment which you may wish to read...

Joshua :

The case of Smith v Garrard [2004] which established that an interference must be a substantial interference in order to be an actionable interference - i.e a trivial interference cannot be actioned against but rather the interference must substantively make it harder to exercise your rights.

Joshua :

Is there anything above I can clarify or assist you with any further?

Customer:

Thank you, XXXXX XXXXX send the letter and will let you know their reply.

Joshua :

I hope you are able to reach an amicable resolution

Joshua :

If you have no further questions for now I should be very grateful if you would kindly take a moment to rate my service to you today. Your feedback is important to me. If there is anything else I can help with please reply back to me though.

Joshua, Lawyer
Category: Property Law
Satisfied Customers: 25358
Experience: LL.B (Hons), Higher Prof. Dip. Law & Practice
Joshua and other Property 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:

 
 
 
  • Remus2004

    Remus2004

    Barrister

    Satisfied Customers:

    2438
    Over 5 years in practice.
< Previous | Next >
  • http://ww2.justanswer.com/uploads/EM/emus/2015-7-7_192327_bigstockportraitofconfidentfemale.64x64.jpg Remus2004's Avatar

    Remus2004

    Barrister

    Satisfied Customers:

    2438
    Over 5 years in practice.
  • http://ww2.justanswer.com/uploads/TG/TGraham12/2012-7-17_81212_bigstockBusinessHandshake508163.64x64.jpg Thomas's Avatar

    Thomas

    Solicitor

    Satisfied Customers:

    445
    UK solicitor holding an England and Wales practising Certificate.
  • http://ww2.justanswer.com/uploads/KA/Kasare/kasare.64x64.jpg Kasare's Avatar

    Kasare

    Solicitor

    Satisfied Customers:

    42
    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:

    4708
    LL.B (Hons), Higher Prof. Dip. Law & Practice
  • http://ww2.justanswer.com/uploads/AS/Aston Lawyer/2013-10-8_19517_JAPROFILEPICTURE.64x64.jpg Aston Lawyer's Avatar

    Aston Lawyer

    Solicitor

    Satisfied Customers:

    1869
    LLB(HONS) 20 years of experience in dealing with Conveyancing and Property Law
  • http://ww2.justanswer.com/uploads/CH/chathamchamber/2011-4-24_191833_1.64x64.jpg chatham-chamber's Avatar

    chatham-chamber

    Solicitor

    Satisfied Customers:

    828
    LL.B, Pg.Dip, LL.M, M.B.A (Pending), Solicitor-Advocate. UK Practising Certificate issued by SRA., DIFC Courts Registered (Dubai)
  • http://ww2.justanswer.com/uploads/CL/clairep80/2013-8-25_191218_dreamstimexs267279822nd.64x64.jpg Clare's Avatar

    Clare

    Solicitor

    Satisfied Customers:

    286
    I have been a solicitor in High Street Practise since 1985 with a wide general experience.