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wingrovebuyer
wingrovebuyer, Senior Solicitor
Category: Property Law
Satisfied Customers: 737
Experience:  Bachelor of Laws (Honours); PG Diploma in Law; Member of ALA; 9 years' experience
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I own a shared driveway that is used by two other houses. One

Customer Question

I own a shared driveway that is used by two other houses. One house recently sold and is now being developed into two or three houses. Would the developer need our permission? Wording in our title deeds state that "full right and liberty of access to pass and repass obtaining ingress and egress from the said adjoining and adjacent premises" referring to the two other houses currently granted right of way and seen on the title plans
Thanks for any advice
Submitted: 3 years ago.
Category: Property Law
Expert:  wingrovebuyer replied 3 years ago.
Customer: Hello. On the basis of the wording you have provided, I doubt you can prevent the increased use. The issue here is that the right is not apparently limited to the use of the land for a single dwelling. In addition, the nature of the use (residential) is the same as before. Whilst there may be an intensification in use, I doubt a court would agree that this is unreasonable and outwith the existing rights. Sorry, I doubt you wanted this answer, but I must tell it how I see it!
JACUSTOMER-v2etoo46- :

Thanks for this, In recent conversation to land registry they mentioned that "said premises" maybe the sticking point in that it applies to the property seen on the title plans. Why else have plans afterall. Right of way doesnt apply to buildings that dont exist at the time of agreement, do you think it would be worth seeking further legal advice based on this?

Customer: Hello. Rights of way benefit land, not necessarily the buildings on it. The wording you have provided does not suggest that there is any restriction on the right, but there may be an "intensification of use" argument, but as above, I feel that would fail. "Said premises" merely is shorthand for repeating the original description of the land with the benefit of the right. If you see a solicitor about this, I think s/he will say the same as me, unless you have more wording to show them. However, it may give you further confidence in your position so it may not be a bad idea at all. Expect to pay around £500 plus VAT for an overview and letter of advice.
Customer: Hello. Please don't forget to leave rating.