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F E Smith
F E Smith, Advocate
Category: Property Law
Satisfied Customers: 10258
Experience:  I have been practising for 30 years.
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I have a query please. My property (which i own) has a

Customer Question

I have a query please. My property (which i own) has a shared access with the house next door. Next door told me that he is going to tarmac 'his half' of the drive and if i wished, i could have my half done too. he is refusing to give me a written estimate/quote of the cost (just verbal). My question is this: what does shared access involve in terms of ownership. can one person 'claim' half of a shared access??? i am not in agreement of his proposed work, can he still tarmac his half?? many thanks
Submitted: 1 year ago.
Category: Property Law
Expert:  F E Smith replied 1 year ago.
Why do you not agree with him tarmacking his half? Because it will look odd?You say shared access. Is it a situation that you have the right over his part and he has the right over your part with each of you owning half of the shared area?
Customer: replied 1 year ago.
I don't know who actually 'owns' the shared access. In the title deeds it does state that there is a third party involved who has access to a field and the access is to be maintained by three parties at equal shares. my neighbour disputes this stating that the third person only has an easement. What i would like to know is this: how can anyone claim half of an access that is shared?? which half can he claim??
Expert:  F E Smith replied 1 year ago.
If you own a half of the drive and the neighbour owns the other half of the drive, he can resurface his half as he wishes and you can resurface your half as you wish and although the two surfaces may be completely different, there is nothing that can be done about that provided that the work that you do and the work that he does, does not interfere with your use and right of that drive.If however this access is owned by a third party, then without that third party’s consent, neither of you are able to change its make up even repair it without the owner’s consent.It is impossible to say whether he owns half and you own half whether indeed you own any attorney or simply have the right over it.In order to establish ownership you need to do a Search of the Index Map at the land Registry using form SIM (there is no fee) to establish if the property is registered and if so, the title number. Once you have the title number from the land Registry you will be able to get the Official Copies of title which will say who the owner is and the extent of ownership.You will need to submit a plan edged in red with the form. Usually, the land Registry plan from an adjoining property would be sufficient to highlight the area you are enquiring about.If it is not registered there is no easy way of finding out who owns the land.Why don’t you ask the neighbour to show you a copy of the deeds for the land, before you do anything else because if he is adamant that what he is saying is correct, then he must have base that on something.Can I clarify anything for you?Please don’t forget to rate the service positive, it is an important part of the process by which experts get paid.Best wishesFES