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Stuart J
Stuart J, Property Solicitor
Category: Property Law
Satisfied Customers: 23745
Experience:  Senior Partner at Berkson Wallace
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My neighbour is converting a barn and has already got people

Customer Question

My neighbour is converting a barn and has already got people in their, and they are driving over my driveway to gain access. My titles allow them to access the house but i think that the addition of driving to access the converted barn is in excess of what i would treat as fair
JA: What steps have you taken so far? Have you prepared or filed any paperwork?
Customer: lol autobot
JA: Where is the house located?
Customer: England.
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: No.
Submitted: 16 days ago.
Category: Property Law
Expert:  Stuart J replied 16 days ago.

Hello. Thank you for the question. It is my pleasure to assist you with this today.

Please bear with me as I will be online and off-line from time to time and therefore, may be delayed getting back to you. You will receive an email when I reply.

How long has this neighbour been there and you?

what exactly are these people doing?

Customer: replied 16 days ago.
Hi - I own the house and road that provides access to their property. The have moved in recently, I'd say about a year. THey have a house, and a separate small barn. They are using the barn for accommodation.. They have about 5 cars driving over my driveway. I am happy with 1 or 2, even 3 but i think they are trying to get change of use of the barn.
Customer: replied 16 days ago.
I have owned my property for 20 years.
Expert:  Stuart J replied 16 days ago.

If a piece of land has the right of way over an adjoining piece and the piece of land with the right-of-way is split into 20 for arguments sake, all 20 pieces enjoy the right-of-way.

This is of course subject to not causing nuisance in common law.  Nuisance would be decided using the ordinary English dictionary definition of nuisance,  if that use is literally, nuisance.

The problem for you of course is that you can’t beat them with a blunt instrument until they stop doing it your remedy as an application to court for an injunction to stop overuse.

It is not the amount of the use which is relevant but whether it does literally cause a nuisance.

It is often the case  that a robustly worded letter from a/your solicitor threatening a court application and an application for costs, may resolve the issue without the need to go as far as court.

On your house insurance you may have legal expenses cover that would pay for the legal cost so it’s worthwhile checking.  Some do and some don't.

The other issue of course is whether they have planning permission for the separate accommodation and that might be something that you may wish to refer to the planning department at the local authority.

Thank you for letting me assist you with your legal question.  I am glad that I was able to help.

I am not certain whether that answers the question for you or not, but I am happy to answer any specific points arising from this.

It will be my pleasure to help you again either further with this or any future questions you have

Kind regards

Customer: replied 16 days ago.
are you sure that I dont have a right to restrict access to 'extra' properties being built and then driving over my driveway, which is 6 metres from my house ? and my garden is on both sides of the road.
Expert:  Stuart J replied 16 days ago.

I’m sure as I can be.  The question is extremely common.

The rationale behind it is that if the property has been divided into several, and you wanted to restrict the access, which ones would you restrict it to?

Customer: replied 16 days ago.
it would be to the first one (the main property). the barn is a different building.
Expert:  Stuart J replied 15 days ago.

Forget the buildings, it is the land which is relevant and if the land has the benefit of the right of way,then all the buildings on the land has the right of way also.  The buildings on the land are incidental.