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wingrovebuyer
wingrovebuyer, Senior Solicitor
Category: Property Law
Satisfied Customers: 737
Experience:  Bachelor of Laws (Honours); PG Diploma in Law; Member of ALA; 9 years' experience
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A neighbour wants to erect a new garage which will obstruct

Customer Question

A neighbour wants to erect a new garage which will obstruct direct access to our drive long term by 0.5m-1.0m - are they legally able to do this? There is currently a low fence which runs across part of our boundary of the gravel drive but this is not permanent. A garage wall if erected would mean that long term we were no longer able to drive directly off our land if required. A planning application with the local council is pending.
Submitted: 3 years ago.
Category: Property Law
Expert:  wingrovebuyer replied 3 years ago.

wingrovebuyer : Hello - do you know what your deeds say about the shared access rights?
JACUSTOMER-8351gj5v- :

Hi

JACUSTOMER-8351gj5v- :

I have had a look at the paperwork and have seen the solicitors letter querying the access rights as there was a transfer of land in 1999. Our boundary is clearly defined around our property but the drive is shared with our neighbours. We have 1/5 of the maintenance costs for the driveway but do not own it. The land the proposed garage is to be built on is our neighbours but the garage wall will extend across our drive and block being able to drive directly off it.

JACUSTOMER-8351gj5v- :

The comment in the transfer document states "the transferrors grant to the transferees a right of way at all times and for all purposes over the driveway subject to the contribution of maintenance"

JACUSTOMER-8351gj5v- :

It then discusses quasi-easements and states it is declared that "the transferees (our neighbours) shall bot be or become entitiled to any rights, easements or quasi-easements or other rights in the nature of the easements over the retained property except those herein expressly granted and any enjoyment of light or air"......

JACUSTOMER-8351gj5v- :

Can I scan and email you these documents tomorrow from work?

JACUSTOMER-8351gj5v- :

Many thanks

JACUSTOMER-8351gj5v- :

Jacqui

wingrovebuyer : Thanks. I don't think I need to see them. It seems to me that you have a full and undeniable right of access over the whole of the drive. If the neighbour proposes to do anything that impedes the enjoyment of the right, then you can prevent this. I suggest you write to the neighbour saying that you have rights which will be adversely affected by their plans, as they stand, and you require them to amend their plans to ensure your rights are not affected. It is important you do this. If they don't amend the plans and they get permission and start work, you could seek an injunction to stop the work, on the grounds that your access will be affected. The neighbour really has no defence, other than if they can show that your access will not be affected in the way you suggest.