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Aston Lawyer
Aston Lawyer, Solicitor
Category: Property Law
Satisfied Customers: 10459
Experience:  LLB(HONS) 23 years of experience in dealing with Conveyancing and Property Law
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I moved into my house 3 years ago and have honoured an

Resolved Question:

I moved into my house 3 years ago and have honoured an agreement that the previous occupier had with my next door nieghbour. About using my drive to get to there landlocked garage. Now my next door neighbour has passed on and the son is selling the house and garage.
Do I still have to honour the agreement or can I erect a bollard on my land preventing vehicular access to the garage but still allowing access by foot.
On the deeds it does specify that my neighbours are granted access but no garage is on the deeds it just shows a pathway.
Many thanks.
Submitted: 1 year ago.
Category: Property Law
Expert:  Aston Lawyer replied 1 year ago.

Hi, do you know how long your predecessor allowed the neighbour to use the driveway belonging to your house? Was this always by mutual consent? I take it that there is no agreement in writing? I look forward to hearing from you. Al

Customer: replied 1 year ago.
Don't know to be honest both parties have past on now & dont know how long the garage has been there. Is that even an issue. Just thought what ever agreement they had over acess would have dissolved now. What repercussions could there be if I did erect a bollard on my land.
Customer: replied 1 year ago.
Sorry Al didn't see the full message.
No there's nothing in writing it was just a verbal agreement.
Andy
Expert:  Aston Lawyer replied 1 year ago.

Hi Andy, apologies for the delay. The reason I was asking about your predecessor and whether formal consent was ever issued is because under law, a party acquires "an easement by prescription" (which is a right to carry on using the right of way that the party has been exercising) if they have exercised the right for a period of 20 years or more WITHOUT the formal consent of the owner of the land n which they exercise the right. It sounds to me that the use of driveway has always been with your and your predecessors formal consent so my opinion is that NO formal easement has been created and hence your neighbour has not acquired any legal right to pass over your land to gain access to their garage. However, you have mentioned that the neighbours Deeds do indeed give them a right over your driveway, so whatever is the nature of this right is still in place and your neighbour is allowed to carry on exercising this right. If the right grants your neighbour a right of way on foot, for example, this right continues. As regards ***** ***** bollards, this would be acceptable PROVIDED it does not hinder your neighbours right to exercise the right granted to them under their Deeds. So, if the right is to cross your land on foot, as long as the bollards don't prevent them from doing this, you are fine to proceed. I hope this assists and sets out the legal position. Please let me know if you require any further clarification. I will be online on and off all evening. Kind Regards Al

Aston Lawyer and 2 other Property Law Specialists are ready to help you
Customer: replied 1 year ago.
Hi Al
It would be a single bollard that would restrict a car going in the garage but would not restrict access on foot or bicycle and could be used for storage of lawn mowers or what ever. It's just the fact that I don't want neighbours cars up and down my drive that's all. Worst case scenario is a landlord gets it and let's it to some youngster who has a car with a big exhaust reving it up and down the side of my house.
Anyway I think you've confirmed my thoughts and answered my questions
Many thanks Andy

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