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Ask Michael Holly Your Own Question
Michael Holly
Michael Holly, Solicitor
Category: Property Law
Satisfied Customers: 7088
Experience:  BA honours degree in law, over 20 years experience in litigation, contract and property matters
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I am looking at putting in off street parking on my

Customer Question

Hi, I am looking at putting in off street parking on my property. Unfortunately we won't be able to drop the kerb, as the council has some rather stringent (and needlessly difficult to satisfy) criteria. However, my neighbour is happy to grant me a right of way over his dropped kerb and driveway so that I could access my own hard standing. The land registry site looks a bit confusing for getting this right of way (is it called an easement?) secured to both our deeds. Is it best to get a solicitor to do this for us? I should also note this might require a right of way over two neighbours land who share the same dropped kerb already. Both have verbally consented
Assistant: Where are you located? It matters because laws vary by location.
Customer: Kew ward, London borough of Richmond
Assistant: Has anything been filed or reported?
Customer: Nope
Assistant: Anything else you want the solicitor to know before I connect you?
Customer: I've downloaded the title plans and title registers for all three properties. None show a right of way at the moment, but I'm certain one exists already to access an old coal walkway behind the terrace. That's all the information I have at the moment what is the deposit for?
Submitted: 6 months ago.
Category: Property Law
Expert:  Michael Holly replied 5 months ago.

Would you actually be using part of his driveway to access your parking area or just the dropped kerb area?


Customer: replied 5 months ago.
Both the dropped kerb and the driveway would need to be traversed before I could get to the area of my property that I could park in.
I've attached the registry plans. We're 112 (middle terrace, second from end on right) the two properties that share the driveway and dropped kerb at the moment are 110, my immediate neighbour, and 108, the end of terrace perpendicular to ours.
Expert:  Michael Holly replied 5 months ago.

Thank you .

The drop down is not actually on your neighbour's land as the pavement is highways land the only area you need permission to pass over is any part of the front garden you need to cross.l Your neighbour may be willing to grant an easement which can then be recorded in the deeds and would pass with the land or can limit it to a personal right which exists between you and your neighbour which would not pass with the land.

Provided you agree an easement should be inserted I would use a solicitor as the cost should be fairly reasonable.

If there are any further points please respond I will be happy to reply.

Kindly either accept or rate my answer on the system so I get credit for my time.

Best wishes