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Thomas
Thomas, Lawyer
Category: UK Law
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Experience:  BA (Hons), PgDip, Practising Solicitor
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My neighbour has access rights to her property via my driveway.

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My neighbour has access rights to her property via my driveway. Ours is an old farmhouse, and her property is built in one of the old fields so she drives up our driveway to her gate. I suspect that she wants to get planning to build another house on the field. I want to ensure that she cannot add another gate to the field from my driveway, as that would mean 2 households using my driveway as well as me. Can i get e letter that legally stops her from modifying the driveway/wall, or stipulates in the event of her requiring further access to her property(field) she will not have it from our driveway?
Hi,

Are her house and the field registered under one Land Registry title?

Tom
Customer: replied 4 years ago.

Yes single title


Jason

Hi Jason,

How was the right of way imposed? Is there a Deed of Easement or Transfer referred to in the title register which imposes the right?

Tom
Customer: replied 4 years ago.

When I bought my house, the driveway was part of the purchase, and the deeds/agreement included a "right of access" clause giving access to "The Paddock" (her property) via the driveway. It also states that they must not block the driveway at any time, and also that they must make good any damage they might cause to the driveway (they were and are still building every now and again).

Hi,

The right would have been imposed as part of the Transfser. Do you have a copy of the transfer itself OR is it referred to in the LR title register?

Tom
Customer: replied 4 years ago.

It is referred to in the Transfer - I don't have a copy here in my office. I bought my house off the woman (she used to own the farm), and it stated something along the lines "the seller shall have right of access to the paddock via the existing driveway..."

Hi

Thanks for your patience.

You should contact the Land Registry to see if you can pay to get a copy of the Transfer, you should be able to (we can as solicitors).

Ideally the transfer would refer to a plan in which the right of way is specifically documented on the plan to the Transfer and shows on the plan/map the location of the access. If this is the case then there is no question; she can’t install a new access and you would simply have to draw this to her attention.

If there is no such map drawing of the location of the access then it may be slight harder to defend. However you would probably be able to do so on the basis of reasonable interpretation of the wording alone. A reasonable intpretation of the right contained in the transfer to have an access would not extend to installing another access in my view.

This would mean that you would have to put this to her and if she states that she still intends to install then you would have to apply to Court for any injunction to get her to cease any plans to install. I would expect this would still be successful.

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Kind regards,


Tom
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