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james bruce
james bruce, Solicitor-Advocate
Category: Property Law
Satisfied Customers: 2108
Experience:  Owner at James Bruce Solicitors
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I live in a Bungalow, when we brought it 5 years ago, we

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Hi I live in a Bungalow, when we brought it 5 years ago , we were told by our solicitor, that the drive running in front of ours and our neighbours property with my garage at the end in front of my bungalow was our drive but we have to give access to the neighbouring property, on my deeds, land registry it shows a red line all the way round the bungalow and includes the drive, on a land registry obtained on line my neighbours shows only the boarders as the front of here property, not including the drive, in my deeds it shows in the the part in front of her property in brown had says we have to give access, my neighbour is claiming that the drive past my bungalow in front of her property is shared.
JA: What steps have you taken so far? Have you prepared or filed any paperwork?
Customer: No just tried to speak with her but she is unapproachable
JA: Where is the bungalow located?
Customer: Burbage leicshire LE10 2SX
JA: Anything else you want the Lawyer to know before I connect you?
Customer: She has had a new gate put up but had it fitted to my chimney and caused some damage.

Hello, I hope you are well. My name is***** am a solicitor advocate and I will be assisting you with your question today. I am very sorry to hear of the problem you are experiencing and I will do my best to help you with this matter.

From what you have explained here, it would appear that the neighbour is confused regarding the difference between shared and right of access.

As for attaching anything to your property, that is damage and they would be held liable for that damage.

if she has rights of access there is little you can do about that, but attaching items and causing damage to your property you can take action about.

The first thing to do is to send then a cease and desist letter informing them to stop and desist causing damage to your property.
Next, you need to obtain quotes to:repair the damage, you can then send those to the neighbour seeking them to pay to have any damage put right.

If they ignore or fail to do so, then you pr next course of action would be via the courts.

Before doing that, you would need to send the neighbour a letter before claim following the pre action protocol of the civil procedure rules. Once that has taken place, if they still refuse to communicate with you or pay for the damage, then you can commence your case at court.

james bruce and other Property Law Specialists are ready to help you
Customer: replied 11 days ago.
Hi thanks for getting back , is it possible to prove to my neighbour that it is my drive and she only has access across to her property ,I have raised some of the kerb on the far side of the drive and she claims this is obstructing her access , but had explain what was goimg to do 2 weeks ago and she was fime at first then became arguementative and unapproachable ,we had suggested to her to suggest a compromise , and she had not got back .we had showed her the copies obtained from land registry of our boundries .

The best route as she has already been shown the documents would be to get your conveyancing solicitor to write and confirm the situation regarding the boundary and only right of access.

On the title plans, are there any T or H marks around any boundaries

Further to our phone call, from what you have explained for your deeds and plans from both properties , the drive would be yours with a right of access for the neighbour.
It could well be they are confusing shared ownership with a right of access.

So I would recommend proceeding as explained.