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Joshua
Joshua, Lawyer
Category: Property Law
Satisfied Customers: 26069
Experience:  LL.B (Hons), Higher Prof. Dip. Law & Practice
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A neighbour has access down my drive to their garage. The adjoining

Resolved Question:

A neighbour has access down my drive to their garage. The adjoining piece of land, which currently only has pedestrian access at a different point, has just been sold with a view to building. If my neighbour sells their garage to these new landowners can they transfer their access down my drive to include access to the adjoining land or does it have to be renegotiated?
Submitted: 2 years ago.
Category: Property Law
Expert:  Joshua replied 2 years ago.
Joshua :

Hello and thank you for your question. I will be very pleased to assist you. I'm a practising lawyer in England with over 10 years experience.

Joshua :

May I ask if the right over your drive is a formal right of easement registered against your title please?

Customer:

I don't fully understand these terms I'm afraid. I know it is written into my deeds as I consulted a solicitor on a previous occasion when the same neighbour refused to close the gate and I was told I had total right to insist.

Joshua :

Thank you. This is likely to be a formal easement.

Customer:

And that means?

Joshua :

Sorry for the short delay - I will be with you in just a moment.

Joshua :

My apologies for the delay. I am back with you.

Joshua :

As the right you refer to appears to be a formal easement granted to your neighbour the easement will attach to his land. What this means is that if the land is sold, it is sold with the benefit of any easements which would include the right you refer to unless the easement is expressed to be personal to a specific individual which would be very unusual.

Joshua :

Providing there is no such condition attached to the easement, if your neighbour decided to sell the extent of land benefiting from the easement, he would be able to do so with that easement so any new owner could exercise the easement in the same way as he does now.

Joshua :

However, what is important to note is that in selling the land, neither your neighbour nor any new owner can enlarge or improve the extent of that easement over your land. for example, if the easement provides for access for a garage, the new landowner could not widen that easement to include access to other properties he may build.

Joshua :

in addition, these men will be limited to providing access for the land to which it attaches. A landowner cannot use that easement to provide access to other land. So for example, but to say that the easement gives access to a garage but the same landowner owns land immediately next door to the garage. The landowning cannot use the easement for access to the garage to then create access to his adjoining land. In order to do this, he would need to negotiate a fresh easement with you over your land to provide access to his adjoining land.

Customer:

And that would extend to any use of the adjoining land-building traffic and all day to day traffic of a new house?

Customer:

Sorry didn't read latest bit of message . Hang on!

Joshua :

Quite so. If the easement benefits the land on which the garages built but not adjoining land which has been sold the building, the landowner cannot use the easement for access to the garage as a means of accessing his adjoing land which does not benefit from the easement.

Customer:

Thank you. I think that answers my question.

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