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Remus2004, Barrister
Category: Property Law
Satisfied Customers: 71053
Experience:  Over 5 years in practice.
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MY husband and i have shared a drive and a cobbled area which

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MY husband and i have shared a drive and a cobbled area which forms the bottom of our garden for 29 years.
The vendors sold us their house built a house next door.They continued to use the bottom of the drive and granted us a right of way.
Initially they sold us the cobbled area but two years later decided it was a mistake.
They said they wanted to make sure we didn't plant there and block their view.However we continued to use the area and keep it in good order.
My neighbours died five years ago.
Their family sold the house and kept the garden.
Last year they finally got planning permission and sold the side garden ,shared drive and the cobbled area to a builder.
This means that the owners of the new property will own and use the drive.I presume It will be on their deeds as well as the cobbled area which forms the bottom of our garden
We have offered to buy this area but so far to no avail.
Do we have any rights?
Thank you for your question. My name is XXXXX XXXXX I will try to help with this.

Please explain how they sold you the area but later decided it was a mistake.

Is there any suggestion that they are going to try to stop you using the cobbled area?
Customer: replied 3 years ago.

IT was included on our land registry plans, which at the time were with our building society. About two years after we were advised by our solicitor that the vendors had refused to sign the original deeds/plans as they hadn't intended to include the cobbled area which they wanted to retain for "sight" purposes - the drive is close to a bend in the road. At the time, although we protested at first, we signed of the plans so that registry would be completed.


The area has now been sold to the developer and heavy lorries are driving over the area and breaking the cobbles up. .He said he would

discuss it at a later date.

Do we have any leverage in this matter.

Thank you for your help.




It depends what you mean by leverage.

They cannot remove the rights for you to use the area but by the same token they are entitled to do with it as they wish provided it does not interfere with your use.

If their use does not actually interfere with your right but is a nuisance, you have a claim in common-law nuisance to make them stop whatever they are doing.

You cannot force them to sell the area to you.

Apart from wanting to buy the area which is obviously in their control, is there anything else that concerns you about this?

Can I clarify anything for you?

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Thank you for the positive rating and remember that I am always available to help with your questions. For future information, please start your question with ‘FOR JO C’. You can also bookmark my profile

Customer: replied 3 years ago.

Dear Jo C,


Thank you for your reply. We have rated it as OK because it was more or less what we had expected. I suppose we had hope for some sort of "miracle" suggestion that we hadn't thought of.


We are on pretty good terms with the developer so it might be possible to persuade him to sell the cobbled area to us when the building is near to completion.


Once again, thank you for your assistance with this matter.

I'm sorry but there is no miracle solution as you quite rightly say.

If the cobbled area is of no use to the developer either now or in the future, he may want to capitalise on that.