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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 purchased a property with a shared driveway between three

Customer Question

We purchased a property with a shared driveway between three houses. The driveway is owned by the farmhouse and the two barns (including ours) have a right of access with all repairs and maintenance to be split equally three ways. The farmhouse has subsequently applied for planning permission to build a house in their back garden and created another access almost opposite our own driveway. Nobody previously had to pass our house as we are at the bottom of the drive but this will obviously change if this is granted. My question, is it legal for the farmhouse to just create another access from the driveway? Can we all create another access if we so wish?

Thankyou in anticipation of your help

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

tdlawyer :

Hi thanks for your question. My name is Tony, I can answer this for you.

tdlawyer :

There is nothing preventing another access being created providing all owners of the relevant parts of land over which the access will cross, agreeing to that.

tdlawyer :

However, the permission of the landowners must be obtained. Otherwise, it's a case of potentially trespassing across the land of others without their consent.

tdlawyer :

The farmhouse can grant a new driveway/accessway over its own land for the benefit of others, so long as it doesn't touch anybody else's land without their consent. This is so, even if it means passing by a neighbours property, so long as it does not touch it.

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