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Remus2004
Remus2004, Barrister
Category: Property Law
Satisfied Customers: 70213
Experience:  Over 5 years in practice.
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is it possible to obtain an injunction to prevent someone erecting

Customer Question

is it possible to obtain an injunction to prevent someone erecting a fence across a shared driveway to prevent another person gaining access to their property with their car?
Submitted: 3 years ago.
Category: Property Law
Expert:  Remus2004 replied 3 years ago.
Thank you for your question. My name is XXXXX XXXXX I will try to help with this.

-Could you explain your situation a little more?

Customer: replied 3 years ago.

A rental house we own shares a driveway with a private dwelling. The owners of that house paid to have the drive replaced with stone and a new wall built to their property some time ago. They are trying to sell their house and advertised it as having a private drive. We told the estate agent it was a shared drive. They then demanded thousands of pounds for the drive upgrading ( which was cosmetic and not the repair/replacement included as a shared responsibility in the deeds) far in excess of any actual costs and blocked access across the driveway. They now plan to put a fence down the boundary line between the properties blocking all vehicle access to the rental house

Expert:  Remus2004 replied 3 years ago.
As long as this drive is noted in your deeds as being shared and that each of you has access over the other person's part, they are not allowed to do this.

If they start to do the work, ask a solicitor to make an emergency application to court for an injunction to stop the work and ask the court to award costs against the neighbour.

As it appears that they now plan to do this, it is better not to have to go to the trouble of making an emergency application to court for an injunction and a solicitors letter threatening the application for the injunction and court costs if they go ahead may stop them.

There is now a dispute over the boundary issue which they are now under a duty to report to any potential buyer and that might be something that you may want to remind them of and tell their solicitor and the agent. It will in effect stop them selling the property.

If you have the right of way over their drive there is a legal doctrine of mutual benefit and burden which says that if you have the benefit of using something you will also have the burden of maintaining it in proportion to use. However please note that it is the burden of contributing towards maintaining it, not improving it. If they want to improve it then that cost comes down to them.

Can I clarify anything for you?

Jo
Remus2004 and other Property Law Specialists are ready to help you
Expert:  Remus2004 replied 3 years ago.
Thank you for the positive rating and remember that I am always available to help with your questions. For future information, please start your question with ‘FOR JO C’. You can also bookmark my profile http://www.justanswer.co.uk/law/expert-remus2004/

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