How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Aston Lawyer Your Own Question

Aston Lawyer
Aston Lawyer, Solicitor
Category: Property Law
Satisfied Customers: 10176
Experience:  LLB(HONS) 20 years of experience in dealing with Conveyancing and Property Law
16368554
Type Your Property Law Question Here...
Aston Lawyer is online now

We own a small complex of 6 maisonettes and a block of

Customer Question

we own a small complex of 6 maisonettes and a block of garages with an access drive to a couple of properties at the end of the drive. However our neighbour next door has built a house in his garden and taken down his fence to give him access to our drive for deliveries of building materials with out our permission. He has also asked if he can dig up our drive to put services into the new build. We have since told him it is private land and he does not have access. without our permission he would not be able to gain access to the house . what are our rights
Submitted: 6 months ago.
Category: Property Law
Expert:  Aston Lawyer replied 6 months ago.

Hi, thanks for your enquiry. From a legal point of view, your neighbour does not of course have any right to use your drive or to lay any services. It is of course easy for me to confirm the legal position, but getting him to stop using the drive is another kettle of fish. Unless you can physically stop him from using the drive, by placing down bollards for example, you would have to take legal action against him and obtain an Injunction in the local County Court, preventing him from using the drive/laying any services. This of course would be very expensive. I would therefore suggest that you ask a local Solicitor to write to him, threatening Court action, and hopefully this will do the trick. As regards ***** ***** services, the same procedure would need to be followed. On a side point, if he were to lay services without your consent, if he were ever to sell the new build, the fact that there was no legal right granted to him to lay the services over your land, should be picked up by any Buyers Solicitor and any Buyer would be advised not to proceed, until a formal legal grant of a Right to lay services had been signed by you. In this regard, you would of course be entitled to ask for monetary consideration in return for granting a suitable Right to him. I hope this assists and sets out the legal position. Kind Regards Al

Customer: replied 6 months ago.
Many thanks if he were to ask for permanent access for the new house over our drive how much in percentage wise of the value of the property could we ask for to grant this access and would we ask him to contribute to the upkeep of the drive regards sue.
Expert:  Aston Lawyer replied 6 months ago.

Hi, thanks for your reply. I can't give you a definitive figure, as it depends on the bargaining, and the value of the new build, but it would normally be around £10,000 to grant a right of way, and a similar sum to allow him to lay services. If he were granted a right of way, it would be normal for him to contribute an equal share towards any maintenance costs. I hope this helps. Kind Regards Al

Expert:  Aston Lawyer replied 6 months ago.

Hi, if I have assisted, I would be grateful if you could rate my answer, so I may get credited for helping you today. Thanks Al

Expert:  Aston Lawyer replied 5 months ago.

Please remember to rate my answer, so I can get credited for assisting you. Many thanks Al

What Customers are Saying:

 
 
 
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
< Previous | Next >
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C.
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther
 
 
 

Meet The Experts:

 
 
 
  • Remus2004

    Remus2004

    Barrister

    Satisfied Customers:

    2427
    Over 5 years in practice.
< Last | Next >
  • http://ww2.justanswer.com/uploads/EM/emus/2015-7-7_192327_bigstockportraitofconfidentfemale.64x64.jpg Remus2004's Avatar

    Remus2004

    Barrister

    Satisfied Customers:

    2427
    Over 5 years in practice.
  • http://ww2.justanswer.com/uploads/TG/TGraham12/2012-7-17_81212_bigstockBusinessHandshake508163.64x64.jpg Thomas's Avatar

    Thomas

    Solicitor

    Satisfied Customers:

    414
    UK solicitor holding an England and Wales practising Certificate.
  • http://ww2.justanswer.com/uploads/KA/Kasare/kasare.64x64.jpg Kasare's Avatar

    Kasare

    Solicitor

    Satisfied Customers:

    42
    Solicitor, 10 yrs plus experience in civil litigation, employment and family law.
  • http://ww2.justanswer.com/uploads/OS/osh/2015-7-7_19268_gettyimagesb.64x64.jpg Joshua's Avatar

    Joshua

    Lawyer

    Satisfied Customers:

    4708
    LL.B (Hons), Higher Prof. Dip. Law & Practice
  • http://ww2.justanswer.com/uploads/AS/Aston Lawyer/2013-10-8_19517_JAPROFILEPICTURE.64x64.jpg Aston Lawyer's Avatar

    Aston Lawyer

    Solicitor

    Satisfied Customers:

    1823
    LLB(HONS) 20 years of experience in dealing with Conveyancing and Property Law
  • http://ww2.justanswer.com/uploads/CH/chathamchamber/2011-4-24_191833_1.64x64.jpg chatham-chamber's Avatar

    chatham-chamber

    Solicitor

    Satisfied Customers:

    828
    LL.B, Pg.Dip, LL.M, M.B.A (Pending), Solicitor-Advocate. UK Practising Certificate issued by SRA., DIFC Courts Registered (Dubai)
  • http://ww2.justanswer.com/uploads/CL/clairep80/2013-8-25_191218_dreamstimexs267279822nd.64x64.jpg Clare's Avatar

    Clare

    Solicitor

    Satisfied Customers:

    241
    I have been a solicitor in High Street Practise since 1985 with a wide general experience.