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chatham-chamber
chatham-chamber, Solicitor
Category: Property Law
Satisfied Customers: 13635
Experience:  LL.B, Pg.Dip, LL.M, M.B.A (Pending), Solicitor-Advocate. UK Practising Certificate issued by SRA., DIFC Courts Registered (Dubai)
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I have a question. We own a stretch of land to the side of

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Hello I have a question. We own a stretch of land to the side of our house but we have to leave it clear as our neighbours have vehicle access rights over it to the garage in their garden. The neighbours are new owners of the property behind our house and they are keen to landscape the space and fit electric gates etc. as if it were their own private driveway. Can they legally do these changes even though we own the land? We are in contact with them and they have intimated that they can.
JA: What steps have you taken so far? Have you prepared or filed any paperwork?
Customer: No no steps so far as we have only just been put in contact with them and they will not be moving in until next year.
JA: Where is the land located?
Customer: directly to the left of our house.
JA: Anything else you want the Lawyer to know before I connect you?
Customer: Can we resend the access rights though it s written into our deeds.

Hi,

Thank you for your query. If this is your land and they just have access rights over it, you are able to fit gates and give them a key for access, but they are not able to do so.

The area of land, I assume, is contained within your title and if so, the neighbour can definitely not do this.

I hope this answers your question. If so, kindly rate the answer and provide feedback.

If you have any further questions, please do not hesitate to ask.

Many thanks,

Customer: replied 7 days ago.
As I thought. Yes the land is in our title. Thats interesting what you say about a gate and giving them a key. If I remember correctly it says on our deeds we must not permanently block access. Would a lock and key mean permanently blocking access? Im not sure. We would prefer to sell the land to them so stating that we could lock the gate that is currently there could be a bargaining tool for us.
Customer: replied 7 days ago.
Sorry Im not quite ready to commit to a call etc but I will be in touch once I have discussed with my spouse. Thanks

Hi,

A lock and key is NOT permanently blocking access. A wall or fence would be.

I would suggest you think about installing your own gate and then agreeing a price for the sale of that particular parcel of land.

I hope this answers your questions. If so, kindly rate the answer and provide feedback.

if you have any further questions, please do not hesitate to ask.

Many thanks

chatham-chamber and 2 other Property Law Specialists are ready to help you