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Thomas
Thomas, Solicitor
Category: Property Law
Satisfied Customers: 7858
Experience:  UK solicitor holding an England and Wales practising Certificate.
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I have a vehicular right of way to my property over my neighbours

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I have a vehicular right of way to my property over my neighbours property. He has recently had his driveway resurfaced and did approach me asking for £200 towards the cost. I told him that I would like to see a copy of the quote in order for me to see what works were being carried out and indeed, as there were a number of properties using the right of way, how the money was to be split as my part of the access road had recently been resurfaced at my own expense. None of this information was forthcoming and he is now threatening me with taking my right of way away, Can he do this?
Hi,

What is the specific wording of the right you are granted?

Is it granted subjec to payment of maintenance costs either on your own or proportionately in common with others having the similar right?

Tom
Customer: replied 6 years ago.

Proportionately in common with others having the similar right

Hi

Thanks for your patience.

Firstly, this is type of thing that is better sorted out non-contentiously without going to Court. If it comes to pass that one makes an application to county court to enforce their rights then the judge is going to be very unimpressed unless it’s blindingly obvious that one party is being completely unreasonable.

The right is subject to you paying your proportionate part of the maintainance costs. This means that if you do not pay your part of the proper costs then he is within his rights to deny you the access.

However, you would obviously not be bound to pay for works that he has done and for which he has decided to charge an extortionate amount for and you are not bound to pay for the proportionate parts that others should.

You need to find out how many others are bound to pay in the same way you are. Then work out how much the total works would have costs on the basis that you are being charged £200.00. If this amount is commensurate to how much the works would have cost then I would say pay it and save yourself the hassle of applying to Court, taking time off work, preparing the case, possibly incurring costs etc etc unless you and others can group together and spread the costs.

if the amount that is being charged is massively inflated then I would say offer to pay an amount based on the cost as estimate by an independent contractor. If he then denies you access I would apply to Court for an injunction against him to reinstate access.

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Kind regards,


Tom
Customer: replied 6 years ago.

Can my neighbour deny access without gaining a court order?

Hi,

He could carry out the act of denying you access, yes, by doing this he is simply putting the ball in your court and saying "apply to Court or put up with it".

The upshot of this for him is that if he is later found to have done this unreasonable then he wouldl probably be hit with costs...

Please remember to rate my answer.

Tom
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