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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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We own the driveway to our house, as shown on the deeds. Our

Customer Question

We own the driveway to our house, as shown on the deeds. Our neighbours have right of vehicular access along the driveway to their respective houses - costs of maintenance and repair are shared.

One of our neighbours is now claiming that we need to remove the hedge on one side of the driveway (which has been there for at least 20 years) as they claim they are entitled to 17 feet (5.18m) width of drive on the grounds that the sales particulars for their house said the drive was 17ft wide (the entrance opening actually is 17ft between the two ends of the wall). 17 ft is not technically possible along the drive, as part of the driveway is bordered by mature trees which are protected by TPOs - the driveable width is approx 3.3 metres.

We are unwilling to do this (though willing to cut it back slightly when next cut is due, i.e. September - birds are starting to nest now). Who is in the right?
Submitted: 2 years ago.
Category: Property Law
Expert:  tdlawyer replied 2 years ago.

tdlawyer :

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

tdlawyer :

The sales particulars to the house, which they relied upon, have nothing to do with you and the rights of the shared driveway.

tdlawyer :

If they got the wrong measurements from the sellers, then they need to take that up with them.

tdlawyer :

If TPOs are in force, as you say, you can't do anything to remove the tree anyway.

tdlawyer :

The key to who is entitled to do what, will be the deeds that give them right of way/access over your driveway. Everything else in terms of sales particulars etc. is irrelevant.

Customer:

Thanks. They claim they have the right to tarmac over the drive if they wish - surely this is not so? Our deeds simply say they (and other neighbours) have the right of 'access and reaccess at all times'

Customer:

Do I need to see their deeds as well?

tdlawyer :

No, not really, your documents should be sufficient. That said, I suppose it allows you to see things from their side, which is always useful. Legally, though, your deed granting the rights is sufficient.

tdlawyer, Lawyer
Category: Property Law
Satisfied Customers: 1096
Experience: Lawyer with 9 years experience of advising on property issues.
tdlawyer and other Property Law Specialists are ready to help you
Customer: replied 2 years ago.

It turns out that the dimensions of the drive are given in the plan associated with one particular deed in the past history of the house. My question on this is - does their (and the other neighbours') right of way entitle them to use the whole width of the driveway? The actual carriageway is about 3 metres wide, but they are asking us to remove all or part of the hedge so as to widen it. This doesn't seem reasonable to us.


 


The right to construct a road is also mentioned in just one of the chain of deeds and conveyances. It appears to be an error as the vendor who granted it had never been granted that right when he originally purchased the property. How does one deal with that situation?

Expert:  tdlawyer replied 2 years ago.

HI again.

Whether they get to use the whole driveway depends on the deeds. Unless there is a limiting factor saying they only get to use part, then I would imagine that they would do.

If, however, the "driveway" is defined by reference to particular dimensions, then this is all they get to use.

I would recommend that you get the deeds and plans etc. to a surveyor or solicitor to have a closer look at.

Tony

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