How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Thomas Your Own Question

Thomas
Thomas, Lawyer
Category: UK Law
Satisfied Customers: 6386
Experience:  BA (Hons), PgDip, Practising Solicitor
28732269
Type Your UK Law Question Here...
Thomas is online now
A new question is answered every 9 seconds

I am selling a property with a shared driveway. THe previous

Resolved Question:

I am selling a property with a shared driveway. THe previous owner had built a garage which restricted access to my neighbours rear garden to prevent him removing the two cars he has stored there. I have subsequently removed the garage and put in a removeable fence and gate section.

I would like to ensure that my neighbour does not have the same issue again and would like to write a simple letter and sign it by both parties to agree on this access being preserved ( ie no permanent structure reducing access ). Is this something that is advisable or would complicate a sale?
Submitted: 11 months ago.
Category: UK Law
Expert:  Thomas replied 11 months ago.
Hi,

Are you asking whether it would be useful to execute an acknowledgement signed by you and your neighbour stating that the shared driveway will remain shared with rights of access and that neither party shall be entitled to restrict it?

Tom
Customer: replied 11 months ago.

I believe that would cover it. The driveway is shared and acknowledged - its purely about at what point restriction is acceptable ( ie the last few feet of fence if made permanent prevents removal of vehicles due to the proximity of the buildings ).

Expert:  Thomas replied 11 months ago.
Drafting you answer now. 5 mins please.
Expert:  Thomas replied 11 months ago.
Hi

Thanks for your patience.

If it is the case that the shared accessway is noted on your respective legal titles with the associated easements of access in favour of each property then they are legally binding. This means that either of you are entitled to enforce the easement (ie. the right) of access against the other.

So, your neighbour in requiring the removal of the shed was simply enforcing this legal easement.

Similarly, if either party now subsequently restricted the others access in either way then that person could enforce the restriction by relying on the easement and getting the other to remove it.

An acknowledgement of this does not really add anything, the important – ie the only – factor is that you each have legal easements already giving you rights of enforcement.

In respect of the sale you will have to disclose the previous removal of the shed because of access and state that you have installed the removable gate/access in the property information forms. The Seller’s solicitors is not likely to require anything beyond confirmation that the neighbour has not objected to the current gate/access and, at most, a acknowledgement from the neighbour that they do not and will not object to the current arrangement. I would wait until they raise this as an enquiry though (if they even do)

Please remember to RATE my answer OK SERVICE, GOOD SERVICE OR EXCELLENT SERVICE or above if you are satisfied that you have received the correct legal advice (even if it is not the answer you wanted to hear), otherwise I do not receive any credit for answering your question.

If you are not willing to rate my answer as OK SERVICE, GOOD SERVICE OR EXCELLENT SERVICE then allow me to assist further by replying asking what clarification you require rather than rating my answer at levels below.

If you wish for me to provide you with further guidance on any question you may have in the future then please submit a further question to the board requesting me either by my profile or by marking your question. “FAO Tom”.

Kind regards,


Tom
Customer: replied 11 months ago.

Sorry I think you have misunderstood. There is a shared driveway, but where it enters the back of the property is where contention can be found. I chose to remove the garage and the fence that was concreted in - being a good neighbour.


 


I just want to acknowledge that where the fixed fence ends now, should not be increased in the future. I would expect this would class as "back garden" on both properties as this is beyond the building line.

Expert:  Thomas replied 11 months ago.
Hi,

Sorry, these questions are difficult to visualise without visual aids.

The acknowledgement would helpful, certainly, if you were to remain in the properety and not sell it but I doubt a court would hold it to be 100% authoritative unless you both received legal advice and acknowledged the legal advice as well.

If you are selling the property then, frankly, I would not do anything apart from be honest in answering the qusetions on the property information forms and the enquiries that are sent by the buyer's solicitors. Deal with it only once it is raised as an enquiry. If you go in now with a form of acknowledgement which then prove unstisfactory to the Buyers then you may have trouble getting what they want afterwards.

Please remember to rate my answer.

Kind regards,


Tom
Thomas, Lawyer
Category: UK Law
Satisfied Customers: 6386
Experience: BA (Hons), PgDip, Practising Solicitor
Thomas and other UK Law Specialists are ready to help you

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick Leeds, UK
< Last | Next >
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick Leeds, UK
  • I did not know a French Law service existed and I was very impressed with the speed of reply --- very professional. Many thanks! Ms. Baker Alfafar, Spain
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie USA
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C. Freshfield, Liverpool, UK
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex Los Angeles, CA
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP Hesperia, CA
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin Kernersville, NC
 
 
 

Meet The Experts:

 
 
 
  • Ben Jones

    Solicitor

    Satisfied Customers:

    8364
    Specialist in UK Law with expertise in UK Employment Law
< Last | Next >
  • http://ww2.justanswer.com/uploads/venkoj/2010-02-20_133027_ben_pic.jpg Ben Jones's Avatar

    Ben Jones

    Solicitor

    Satisfied Customers:

    8364
    Specialist in UK Law with expertise in UK Employment Law
  • http://ww2.justanswer.com/uploads/CH/chathamchamber/2011-4-24_191833_1.64x64.jpg INC's Avatar

    INC

    Solicitor-Advocate

    Satisfied Customers:

    3850
    LL.B, Pg.Dip, LL.M, M.B.A (Pending), Solicitor-Advocate. UK Practising Certificate issued by SRA., DIFC Courts Registered (Dubai)
  • http://ww2.justanswer.com/uploads/taratill/2010-03-09_111600_phpsik04M_c2AM.jpg Jenny Mackenzie's Avatar

    Jenny Mackenzie

    Satisfied Customers:

    2612
    Over 10 years experience in general legal matters
  • http://ww2.justanswer.com/uploads/matthewjones/2009-9-7_20342_picture_007.jpg Matthew J's Avatar

    Matthew J

    Solicitor

    Satisfied Customers:

    323
    4 y PQE (Partner) - Commercial / Residential Property & Property and Civil litigation experience
  • http://ww2.justanswer.com/uploads/TO/touchwoodsden/2013-12-6_91518_MeforJA.64x64.jpg Stuart J's Avatar

    Stuart J

    Solicitor

    Satisfied Customers:

    5198
    PGD Law. 20 years legal profession, 6 as partner in High Street practice
  • http://ww2.justanswer.com/uploads/RE/Remus2004/2012-4-22_93111_2bigstockPortraitOfConfidentFemaleL6943985.64x64.jpg Jo C.'s Avatar

    Jo C.

    Barrister

    Satisfied Customers:

    24742
    Over 5 years in practice.
  • http://ww2.justanswer.com/uploads/JO/Josh2010/2012-4-29_19490_GettyImages80121770B.64x64.jpg Joshua's Avatar

    Joshua

    Lawyer

    Satisfied Customers:

    6561
    LL.B (Hons), Higher Prof. Dip. Law & Practice