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Aston Lawyer
Aston Lawyer, Solicitor
Category: Property Law
Satisfied Customers: 10343
Experience:  LLB(HONS) 23 years of experience in dealing with Conveyancing and Property Law
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Good morning, I have access rights to my neighbours driveway

Resolved Question:

Good morning,
I have access rights to my neighbour's driveway (as outlined in the Land Registry title document) but my neighbour (who owns the drive) is looking to add 5 more houses on their land which would all then use the same driveway. Its a small driveway (although officially wide enough i.e. 5 meters) and it will be come very busy and with small children etc I have concerns - but I wonder if I have nay rights in terms of objecting to the proposals as I have right of usage?
Many thanks
Submitted: 2 years ago.
Category: Property Law
Expert:  Aston Lawyer replied 2 years ago.
Hello and thanks for using Just Answer.

I am Al and am happy to assist you with your enquiry.

As it is your neighbour who owns the drive, and you merely have a right of way over it, I'm afraid you have no rights to prevent your neighbour granting anyone else a right of way over it.

From what you have said, the only legal way you could try and prevent this development is by objecting to the planning permission on the basis that there would be excess traffic. I'm not a planner and therefore can't really advise you on your merits of pursuing this, but it is worth a shot!

I hope this assists and sets out the legal position.

Kind Regards
AL
Aston Lawyer, Solicitor
Category: Property Law
Satisfied Customers: 10343
Experience: LLB(HONS) 23 years of experience in dealing with Conveyancing and Property Law
Aston Lawyer and other Property Law Specialists are ready to help you
Customer: replied 2 years ago.

Thanks a lot


 


Not what I wanted to hear, but what I expected! I think I need to delve into the right to access a little as we are required to maintain that piece of the driveway we use too - I wonder if we still will after they have built out.


 


James

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