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Remus2004
Remus2004, Barrister
Category: Property Law
Satisfied Customers: 70512
Experience:  Over 5 years in practice.
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Please could you advise on the correct procedure (legal requirements/paper

Resolved Question:

Please could you advise on the correct procedure (legal requirements/paper work) which I need to follow in order to create a new walk-through access (wooden gate) to my back garden. I live in a house separated from my neighbor's house by a private, shared drive (used by several tenants/house owners situated at the rear of my neighbor's house/garden). I plan to have the gate built through the boundary brick wall to the drive, both of which are owned by my neighbor. This gate would give access to my back garden from the main street, via the shared drive. My neighbor has said he doesn't have a problem with the new gate and walking right-of-way.

Any advice appreciated.
Thanks

Jerry
Submitted: 3 years ago.
Category: Property Law
Expert:  Remus2004 replied 3 years ago.
Thank you for your question. My name is ***** ***** I will try to help with this.

Do you already have access over the shared drive and if so is it simply a case of putting a new gate in the fence?
Customer: replied 3 years ago.


No. The drive leads to a carpark which is only used by my neighbour and other tenants/house owners I mentioned. I currently have no right-of-way.


 


Jerry

Expert:  Remus2004 replied 3 years ago.
This becomes quite complicated then and is certainly not a do it yourself job.

Whoever owns the car park needs to grant you an easement/right-of-way from your proposed newgate, over the area you want access over and obviously out onto the road.

The neighbour who already has access cannot grant you that unless he owns the car park.

Once the car park owner has granted the Access easement there needs to be a deed outlining exactly where it is and the deed need registering at the land registry against your title and also against the title of the car park.

Can I clarify anything for you?

Jo
Customer: replied 3 years ago.

Thanks Jo


My neighbour owns both the drive and the wall. Would I get the necessary paper work from my local council (London) or do i have to pay for a lawyer to handle all this?


 


 


 


Jerry


 

Expert:  Remus2004 replied 3 years ago.
Unfortunately, they are not standard papers and you are going to need to pay a solicitor to draft the documents for you and file them at the land registry.
The council have no interest in this.
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