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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
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