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Aston Lawyer
Aston Lawyer, Solicitor
Category: Property Law
Satisfied Customers: 10494
Experience:  LLB(HONS) 23 years of experience in dealing with Conveyancing and Property Law
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We own a property and the driveway which our new neighbour

Customer Question

We own a property and the driveway which our new neighbour has the right access to his property does he have a right to run a business across it without our permission
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.

Do you have the wording from your Deeds of the right of way that your neighbour has?

I look forward to hearing from you.

Al

Customer: replied 2 years ago.

The property of our neighbour. Was built. By my husband's brother then sold on we only gave him access to cross the drive to his property and don't think there is a deed

Customer: replied 2 years ago.

Still waiting for my answer

Expert:  Aston Lawyer replied 2 years ago.

Hi,

Thanks for your reply and apologies for the delay.

Firstly, you do need to check your Deeds to see if your neighbour does indeed have a legal right of way over the drive. You can either speak to a local Solicitor about this or you can apply for a copy from the Land Registry website (the Deeds are officially called "Official Copies") and if there is a right of way, this will be mentioned in the Charges Register.

If there is a right of way, 90 times out of 100, the right of way will be for the benefit of the neighbour's property, which basically means anyone and any type of vehicle can use the drive to gain access to and from the neighbour's property.

Only if the Deeds says the right of way is restricted for "residential purposes of the neighbour's property", would you be able to stop him from using the drive for commercial purposes.

If there is nothing in your Deeds concerning any right of way, then your neighbour has No legal right of way- if only oral permission has been given, this does not legally tie you from allowing him to carry on using the right of way.

I hope this assists and set sout the legal position.

Kind Regards

Al

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