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 tdlawyer Your Own Question
tdlawyer
tdlawyer, Lawyer
Category: Property Law
Satisfied Customers: 1096
Experience:  Lawyer with 9 years experience of advising on property issues.
73598664
Type Your Property Law Question Here...
tdlawyer is online now

New neighbours have moved in next to our property. We have

Resolved Question:

New neighbours have moved in next to our property. We have a shared access as part of our driveways, which they are now using to park vehicles, obstructing our access and ingress. Having approached them this evening, they are insisting the shared access belongs to them and we have no rights of where vehicles can be parked., regardless of the obstruction they cause. Having lived here 15 years I am now faced with vehicles being parked preventing a clear access to my driveway. Your advice would be welcome.
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 :

Is ownership of the shared access strictly relevant? Is the issue not whether they are blocking the shared rights of access, and by doing so, are in breach of the terms of any document granting those rights of access?

Customer:

Hi Tony, I agree shared access is not strictly relevant, however, they are choosing to block the rights of access and having spoken to them this evening, was informed I have no rights as the area falls within their property. Would our local authority have a copy of the agreed plans that I could access, or will I need to get my deeds out of safe deposit and look at those. Why do planners agree to this type of driveway knowing there could be possible disputes!

tdlawyer :

Okay. what you need to do is get the document that grants the shared rights and work out exactly what it allows them/you to do. The plans for property, and documents like this, are kept at HM Land Registry (www.landreg.gov.uk) and you can download them for a small fee (£4).

tdlawyer :

Sometimes, there are little alternatives due to the space available etc., to have shared access rights.

tdlawyer :

But I take your point, it's a pain people could live without!

Customer:

Many thanks for your comments. I will contact the Land Registry and take it from there.

tdlawyer and other Property Law Specialists are ready to help you