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Aston Lawyer
Aston Lawyer, Solicitor
Category: Property Law
Satisfied Customers: 10585
Experience:  LLB(HONS) 23 years of experience in dealing with Conveyancing and Property Law
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I own a fairly long drive which at one end has direct access

Resolved Question:

I own a fairly long drive which at one end has direct access onto the main road. I have 2 neighbours who I must allow access to their properties via my drive but one neighbour has land adjoining my drive and they want to lay their own drive in their land but want to run it through the top of my drive where access to the main road is gained... Are they allowed to do this automatically ?
Submitted: 1 year ago.
Category: Property Law
Expert:  Aston Lawyer replied 1 year ago.
Hi, could you please confirm if your neighbour's "land" is part of the garden/land attached to their house, or is it a separate parcel of land unconnected to their house? Kind Regards Al
Customer: replied 1 year ago.
Hi,Yes it's part of their formal house land and that land is considered arable land...Rgds
Expert:  Aston Lawyer replied 1 year ago.
Hi, apologies for the delay. A right of way "attaches" to a property- ie the right of way your neighbour has over your drive is for the benefit of their property. Hence, provided the neighbour is not going to pass over any part of your land which does not form part of their current right of way, they would be entitled to do as they plan. So, provided their new access merely is accessing your drive further up the drive, this is permissible and you would not be entitled to prevent them from doing this. I hope this assists and sets out the legal position. Kind Regards Al
Customer: replied 1 year ago.
There is approx. a 1m of strip of land/grass in width that I have which separates / is in between my drive and their land all the way along kind of like the width of a path that they need to cross, does this make a difference ? ....
Expert:  Aston Lawyer replied 1 year ago.
Hi, if your neighbour does not have a current right of way over this 1m strip of land which belongs to you, and they would need to cross this 1metre strip, this does indeed change matters. This strip of land would be a ransom strip for you, in that your neighbour would need to obtain your consent to cross over the strip. Therefore, you could prevent them from proceeding with their plans if you were not willing to grant consent. Alternatively, you could demand a fee in granting such consent. I hope this assists. Kind Regards Al
Customer: replied 1 year ago.
Ok Thank you for your help.Wish you a nice weekendDavid
Expert:  Aston Lawyer replied 1 year ago.
Thanks David. Enjoy your weekend. If I have assisted, I would be grateful if you could rate my answer. Best Wishes Al
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Customer: replied 1 year ago.
Of course, many thanks
Expert:  Aston Lawyer replied 1 year ago.
Thanks!