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Aston Lawyer
Aston Lawyer, Solicitor
Category: Property Law
Satisfied Customers: 10740
Experience:  LLB(HONS) 23 years of experience in dealing with Conveyancing and Property Law
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We own a small complex of 6 maisonettes and a block of

Customer Question

we own a small complex of 6 maisonettes and a block of garages with an access drive to a couple of properties at the end of the drive. However our neighbour next door has built a house in his garden and taken down his fence to give him access to our drive for deliveries of building materials with out our permission. He has also asked if he can dig up our drive to put services into the new build. We have since told him it is private land and he does not have access. without our permission he would not be able to gain access to the house . what are our rights
Submitted: 1 year ago.
Category: Property Law
Expert:  Aston Lawyer replied 1 year ago.

Hi, thanks for your enquiry. From a legal point of view, your neighbour does not of course have any right to use your drive or to lay any services. It is of course easy for me to confirm the legal position, but getting him to stop using the drive is another kettle of fish. Unless you can physically stop him from using the drive, by placing down bollards for example, you would have to take legal action against him and obtain an Injunction in the local County Court, preventing him from using the drive/laying any services. This of course would be very expensive. I would therefore suggest that you ask a local Solicitor to write to him, threatening Court action, and hopefully this will do the trick. As regards ***** ***** services, the same procedure would need to be followed. On a side point, if he were to lay services without your consent, if he were ever to sell the new build, the fact that there was no legal right granted to him to lay the services over your land, should be picked up by any Buyers Solicitor and any Buyer would be advised not to proceed, until a formal legal grant of a Right to lay services had been signed by you. In this regard, you would of course be entitled to ask for monetary consideration in return for granting a suitable Right to him. I hope this assists and sets out the legal position. Kind Regards Al

Customer: replied 1 year ago.
Many thanks if he were to ask for permanent access for the new house over our drive how much in percentage wise of the value of the property could we ask for to grant this access and would we ask him to contribute to the upkeep of the drive regards sue.
Expert:  Aston Lawyer replied 1 year ago.

Hi, thanks for your reply. I can't give you a definitive figure, as it depends on the bargaining, and the value of the new build, but it would normally be around £10,000 to grant a right of way, and a similar sum to allow him to lay services. If he were granted a right of way, it would be normal for him to contribute an equal share towards any maintenance costs. I hope this helps. Kind Regards Al

Expert:  Aston Lawyer replied 1 year ago.

Hi, if I have assisted, I would be grateful if you could rate my answer, so I may get credited for helping you today. Thanks Al

Expert:  Aston Lawyer replied 1 year ago.

Please remember to rate my answer, so I can get credited for assisting you. Many thanks Al