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tdlawyer
tdlawyer, Lawyer
Category: Property Law
Satisfied Customers: 1096
Experience:  Lawyer with 9 years experience of advising on property issues.
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I have shared access driveway with neighbour. Neighbour has

Resolved Question:

I have shared access driveway with neighbour. Neighbour has built extremely large shed in garden permission for domestic use. Now before even finished construction applied for light business use. Property deed states gardens domestic use only. Can he use joint access way to access a commercial property without mutual agreement. Concerned planners inclined to give permission despite clearly contradicts unitary development plan for our area.

Thanks
Submitted: 3 years ago.
Category: Property Law
Expert:  tdlawyer replied 3 years ago.

tdlawyer :

Hello, welcome to the website. My name isXXXXX can assist you with this.

tdlawyer :

Do the title deeds to the property state that the premises is to be used as a single residential dwelling house only, or something like that?

tdlawyer :

Hello

Customer:

Yes dwelling house only

tdlawyer :

Okay. Then this is something you should be able to rely on. The rights and restrictions contained in the title deeds, which you're referring to here, and very different things to planning law applications. Planning law issues are public law issues, and are where the owner seeks permission from the local authority to use the land for a particular purpose. Even if that permission is granted, you are still entitled to exercise any rights that you have as a matter of civil law to prevent the use of the neighbouring property for commercial purposes.

Customer:

Yes single dwelling house only.

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