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Ask Jo C. Your Own Question
Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 71144
Experience:  Over 5 years in practice
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Unfortunately I live in a house with a shared driveway with

Customer Question

Unfortunately I live in a house with a shared driveway with next door. They have vehicle access only -- but when on foot insist on walking over my drive but should in fact walk round the back of my garage to get to their property. my kitchen overlooks the drive and Im forever being watched inside my own home .They have ruined the drive by a massive lorry full of stone to do garden work -- they didn't ask for permission for this. The drains are now bent and when it rains -mud sits in the holes where the huge tyres sunk into the block paving. My washing machine is in the garage and I have to cross the driveway and there is an awful sense of unease for me.
Can you help me with this ?
Submitted: 3 years ago.
Category: Law
Expert:  Jo C. replied 3 years ago.

Thank you for your question. My name is ***** ***** I will try to help with this.

Putting it quite simply, they do not have the right to do this.

They are also responsible for the damage caused by the truck.

You can take them to court to get an injunction to stop them crossing your drive and you can take them to court to get them to pay for the damage caused by their visitor.

Before rushing off to court, a letter from a solicitor threatening them with the court application and legal costs may remove the need to go to court. If you have house insurance, you may have legal expenses insurance attached to it which would pay for the legal costs so also check that.

In respect of the damage, the easiest solution is to get it fixed and then to sue them for the cost of repair in the Small Claims Court.

A Solicitors letter will often have more notice taken of it than a letter from you.

Can I clarify anything for you?

Customer: replied 3 years ago.

Can you write the letter to stop them from walking over my drive when their pedestrian access is round the back of my garage ,and from looking into my kitchen -- sorry but this is where I live . Their son has damaged the back wall of the garage with his constant tennis ball hitting it and I am about to have that repaired and I as yet don't know the cost of the damage.My son now has a new bedroom to accommodate him and it is above the garage. I don't want the tennis ball being banged on the wall this year now nor do I want them flying through the kitchen door.

I wish I had wrote to you sooner .My life has gone down-hill since last May when all of this happened.

Expert:  Jo C. replied 3 years ago.

I could do the wording of the letter for you as an additional paid for service but I couldn’t take this on as a case for you to act for you.

For reasons of distance, you would probably be as well to instruct a local solicitor to write the letter for you.

Assuming that you have already raised the issue of this with the neighbour, it seems unlikely that they are going to take much notice of a letter from you which is why I suggest you get a local solicitor to write.

Apart from the trespass of the walking over the drive and the damage caused by their visiting truck, you also have a cause of action with regard to the nuisance of the child with the bail and the damage to the garage.