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Thomas
Thomas, Lawyer
Category: UK Property Law
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Experience:  BA (Hons), PgDip, Practising Solicitor
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My detached cottage is on a busy main A road,my narrow garden

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My detached cottage is on a busy main A road,my narrow garden is 75 ft long alongside the main road. My neightbours property has a lane next to the end of my garden.He wants to change this into a main driveway to get to the his land that backs onto my garden but needs to use 25 ft of my garden frontage to gain the 35 ft access needed. In return he will provide me with a parking space on land land, I am happy to comply as I do not have a driveway and have to park in a side road. I wish for my land used to create the access to remain my property but agree to shared access indefinitely, how do I write this into the Agreement
Submitted: 1 year ago.
Category: UK Property Law
Expert:  Thomas replied 1 year ago.
Hi,

Do you wish to transfer the portion of your area to him, or simply to retain ownership of the land and grant him a right to use the area?

Similaly, are you receive a right to use the car parking space on his land or will the ownership of it physically pass to you?



Tom
Customer: replied 1 year ago.

I wish to retain ownership of my land used. I need right of access to enter on his land to access the proposed parking space on my land and he needs right of access across the portion of my land used to gain the full 35 ft access, so it will be shared access indefinitely.

Expert:  Thomas replied 1 year ago.
Hi

Thanks for your patience.

In order for each right to be enforceable against the lands you will both have to execute a Deed of Easement and then have the rights granted in it registered at the Land Registry on the legal titles for each land.

This would mean that any purchaser of either land would remain bound by the rights and any breach could be enforced against them.

You should both instruct a local conveyancing solicitor to do this for you. They will draft the deed and deal with the registration against the title for the land. It won’t be that expensive.

You should also consider the maintainance/repair costs in respect of the driveway that you neighbour is to use over your land.. If they are going to responsible for all or a proportion of the repair costs then you should make the right subject to this in the deed of easement.

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Kind regards,


Tom
Customer: replied 1 year ago.

No money is being exchanged, agreement on maintenance has been agreed.


My neighbour will be responsible for the whole of the proposed driveway, I will just be resonsible for my parking space.


I just needed to know how I maintain ownership of my land used to create the new access.


Many thanks for your advice re seeing convayencing solicitor.


Kindest regards Jackie

Expert:  Thomas replied 1 year ago.
Hi Jackie,

It's a little difficult to visualise without plans (which you would give to a solicitor that you instruct obviously).

The deed of easement does not affect who owns the lands. Ownership woudl remain just as it is now. All the deed would do would grant a right to use a specific portion of the other's land for a specific reason and subject to the maintainance that you have agreed.

Please remember to rate my answer.

Kind regards


Tom
Thomas, Lawyer
Category: UK Property Law
Satisfied Customers: 6261
Experience: BA (Hons), PgDip, Practising Solicitor
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