How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Aston Lawyer Your Own Question
Aston Lawyer
Aston Lawyer, Solicitor
Category: Property Law
Satisfied Customers: 10797
Experience:  LLB(HONS) 23 years of experience in dealing with Conveyancing and Property Law
Type Your Property Law Question Here...
Aston Lawyer is online now

I am in a property that has a driveway to the rear of the

This answer was rated:

Hi I am in a property that has a driveway to the rear of the house this has room for at least 2 to 3 cars
Assistant: Where are you located? It matters because laws vary by location.
Customer: however the driveway goes past next doors rear garden and fence which is on the boundary and the therefore have access rights to pass over my driveway to access their property via their garden gate
Assistant: Has anything been filed or reported?
Customer: next door have now knocked down their fence and built a driveway that runs adjacent to my driveway and have moved their fence away from the boundary backwards to their property they now park 2 cars on their driveway but are still de,a ding the access rights as they wish to be able to move their cars very my driveway i.e. they want to move their 1st car without having to move their 2 no car despite now having full access to their property from their driveway they have gained an unfair advantage is this allowed?
Assistant: Anything else you want the solicitor to know before I connect you?
Customer: Not really but we have been very fair to them since they moved in2 years ago previously the old owner left the house empty so we had free access to park as many cars as we wanted
Customer: replied 9 months ago.
We are located in Gosport Hampshire
Customer: replied 9 months ago.
Nothing filed or reported by either party

Hi, thanks for your enquiry. I am afraid to say that if your neighbours property has a right of way over your drive, this right remains in place forever unless the neighbour was happy to give up this right by signing a Deed to this effect.

The fact that they have changed their access arrangements makes no difference and they are legally permitted to carry on exercising their rights of way over your drive.

I am sorry this is not the answer you were looking for.

If I have answered your question, I would be grateful if you could rate my answer in the top right hand corner of your screen.

Kind Regards Al

Aston Lawyer and other Property Law Specialists are ready to help you
Customer: replied 9 months ago.
Thanks that's what I thought the answer would be but worthwhile checking

Thanks and sorry! Please don't forget to rate my answer, if I have helped.

Cheers Al