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Category: Property Law
Satisfied Customers: 33525
Experience:  Barrister at Self Employed Barrister
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I have an issue with a neighbour blocking us in our out of

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I have an issue with a neighbour blocking us in our out of our driveway periodically. Only brief periods, but I have to knock and ask, which combined with their attitude over 8 years is becoming irksome. They have never had to ask us to move any vehicles. Their access is only possible by using what I would consider to be the end of "our" driveway adjoining the pavement. This situation is caused by their garden design - it flares out towards the pavement end and forces them to cross "our" drive. There are many houses with a similar fundamental driveway arrangement in the street, but none have this "shared" aspect - all of the others go straight up and down to the house and there is sufficient room for each household to have their own cars solely on their own drive without crossing any other and with the boundary line running directly between the properties to the pavement. Looking at title plan and deeds for both properties it would appear they are indeed crossing our boundary. I guess my major concern is "right of way" & "right by prescription" and getting some definition around whether I can either force them to stop using our drive or have to pay for the right, which will be an inducement for them to modify their garden.  Ultimately I believe I would like to take this further with a local solicitor but need to understand the likelihood of a positive outcome before I spend more significant amounts on letters etc

Ok they are not allowed to block your drive to prevent you from leaving your drive. This is obstruction. A solicitors letter will normally do the trick - he will show to them that you are serious and would usually resolve the issue. Happy to discuss. Please rate positive. Thanks
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