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Thomas, Lawyer
Category: UK Law
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Experience:  BA (Hons), PgDip, Practising Solicitor
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I am selling a property with a shared driveway. THe previous

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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?

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?

Customer: replied 3 years 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 ).

Drafting you answer now. 5 mins please.

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)

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Kind regards,

Customer: replied 3 years 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.


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,

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