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Aston Lawyer
Aston Lawyer, Solicitor
Category: Property Law
Satisfied Customers: 10452
Experience:  LLB(HONS) 23 years of experience in dealing with Conveyancing and Property Law
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We bought a building plot with an undeveloped drive next to

Resolved Question:

We bought a building plot with an undeveloped drive next to it, which we have a right of way over. The owner of the track permitted us to fence off and use the track just during the building time. We got planning for a house that butts up to the track at roof level, a necessity of our very narrow plot. We are soon to start building.
Meanwhile, the land that also had the drive as part of it got sold without our knowing and then our neighbours on the other side of the track bought the track, also without us knowing and now tell us to move our security fence ASAP.
But we cannot move the house from the edge. There isn't now room for the scaffolding without using part of the four metre drive. It seems the informal arrangement got lost and we cannot contact the original owners as they moved.
We have discovered a mistake on our deeds that mistakenly allows us access also over our drive-buying neighbours land, with no limit mentioned. This feels like a useful bargaining point! Do we have any hope of getting our scaffolding up?
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.

Even if you do (rightly or wrongly) have a right of way over the drive owned by your neighbours, this does not extend to you being entitled to put up scaffolding on it.

Likewise, there is no legislation allowing you to put up the scaffolding.

(Although the Access to Neighbouring Land Act allows a Court application to enable a party to gain access on to a neighbour's property, this applies only to urgent work to existing properties, and not new builds).

Therefore, I'm afraid that unless you can obtain consent from your neighbour, you won't be entitled to put up your csaffolding on the neighbour's drive.

I am sorry this is not the answer you were looking for, but sets out the legal position.

Kind Regards

AL

Customer: replied 2 years ago.

For Aston Lawyer.

Hello and thanks for your answer.

I know we can't normally erect scaffold there but we do have a precedent set by the permission given by the original owner. Does that not count for anything? We acted in trust of that and designed as we did. Can we sue for damages?

We do have rights of access for the drive, by the way. The extra [mistake] rights of access stretch beyond the drive over the entirety of his property.

Best wishes,

Ms XXXXXXXX

Expert:  Aston Lawyer replied 2 years ago.

Hi XXXXXXXX,

Thanks for your reply.

I am afraid that any oral agreement made between you and the past owner was only that, and does not now bind the new owner. Only if a Deed had been drawn up between you and the previous owner granting you an appropriate right and this deed was registered at the Land Registry would it be binding on the land, and therefore binding on the new owner.

You are therefor eunable to sue the previous owner for damages, as any "agreement" was personal to you and the previous owner for as long as the parties had agreed and as soon as he sold the drive, any liability on his part ceases.

I am sorry.

Kind Regards

AL

Customer: replied 2 years ago.

For Aston Lawyer.

Hi Al,

Thanks for your reply.

1) You have accidentally used my Christian name on your reply, please could you change it to Ms Dormouse or it will identify me to the neighbours in question should they or their friends see this?

2) our deeds mention ' together with all necessary rights of support for any adjoining building plus also rights for laying foundations and footings as well as rights to have the eaves etc to overhang the drive. Does that not help our case?

Many thanks,

Ms XXXXXXXX

Expert:  Aston Lawyer replied 2 years ago.

Hi,

Apologies.

The rights you have don't help you I'm afraid. Unless there is a specific clause granting the right to erect scaffolding (which is very very rare), you are somewhat stuck.

Kind Regards

AL

Customer: replied 2 years ago.

For Aston Lawyer.

Hi Al,

Are you able to remove my Christian name from the second answer please?

Many thanks for you helpful answers, even if they were not what I wanted to hear, at least I know the truth of it.

Best wishes,

Ms XXXXXXXX

Expert:  Aston Lawyer replied 2 years ago.

Hi,

I have asked customer services to remove your Christian name from my previous name.

Kind Regards

AL

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