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Ask Michael Holly Your Own Question
Michael Holly
Michael Holly, Solicitor
Category: Property Law
Satisfied Customers: 6911
Experience:  BA honours degree in law, over 20 years experience in litigation, contract and property matters
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What do i need to do or have in front of me to get shared ownership of a drive/track?

Customer Question

Hi, what do i need to do or have in front of me to get shared ownership of a drive/track? As the house used to be my granddads and next doors my uncles now he's restricting who buys my grandads house, how can he do this when the property is in my name? He has also managed to buy land around the house, can my uncle deny access to potential buyers?
Submitted: 1 year ago.
Category: Property Law
Expert:  Michael Holly replied 1 year ago.
The starting point with any such dispute is the title deeds to each property which will show who owns what. If your solicitors have a conveyancing department they should be able to obtain these at minimal cost to you. The usual situation is that one neighbour will own the access way but the deeds will provide for what is known as an easement which will allow the other neighbour the right to both use the access way and that it should not be blocked or impeded by the owner.Even if this has been overlooked there is what is called an easement of necessity where if the only way you can access your property is through that of an adjoining neighbour an easement to allow access is implied by law.This area of law is relatively complex but the bot***** *****ne is that your uncle cannot restrict who buys the house or prevent access.I hope this helps, please reply if there are any further points, I will be happy to reply.Best wishesMichael