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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 32086
Experience:  Over 5 years in practice
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Right of Way issues with Driveway owned by neighbour

Customer Question

I live in a pair of semi-detached houses with a driveway running up the side. The Driveway is owned by my neighbour, but which I have  a right of way over it (the right of way is recorded in both our Land registry documents). I believe that as the ownership of the driveway belongs to my neighbour, I cannot park on the drive.. but am permitted to use the drive to access my garage at the back of our houses. Frequently  - my neighbour parks on the owned section of their driveway so that I cannot access my garage. Secondly they have a gate across the driveway, attached to their house, which although unlocked, they shut when they are not home, which makes it less convenient to access the driveway in my car. Two questions - Am I permitted to open the closed gate and drive to my garage, and am I within rights to ask them not to park in such a way as to block my garage access? They have a double garage themselves they choose not to park in. The driveway is very narrow, and both cars need a free turning space to use the drive/garages effectively. Thank you

Submitted: 3 years ago.
Category: Law
Expert:  Nicola-mod replied 3 years ago.
I've been working hard to find a Professional to assist you with your question, but sometimes finding the right Professional can take a little longer than expected.
I wonder whether you're ok with continuing to wait for an answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question for you.
Thank you!
Expert:  Nicola-mod replied 3 years ago.
I apologise as we have not yet been able to find a Professional to assist you. Do you wish for me to continue to search for someone to assist you or would you like for us to close your question at this time?
Thank you for your patience,
Expert:  Nicola-mod replied 3 years ago.
Please understand it is rare for us not to be able to find the right Professional to assist our customers. We can close this question and return your good faith deposit to the original funding source on request.
Please let me know how you wish to proceed and again I apologize for any inconvenience this may have caused.
I hope you will give JustAnswer a try again in the future,
Customer: replied 3 years ago.

Hello, and thank you for trying, I choose to cancel the request at this time and return the fee,

Kind regards