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Hi - I have a semi detached house on 1/3. Both sides share…

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Hi - I have a...
Hi - I have a semi detached house on 1/3. Both sides share a central drive way and then swoop round to each side with large car parking. When we leave the house we reverse into each others drive slightly and pull out of the shared drive. There is a large piece of council owned grass verge outside both sides of our houses. I would like to purchase this a create a private drive, seperate the frontage with a boundry. Can the other neighbour prevent this as they are accustomed to reversing into our side to get out of the drive? We did buy the house with the understanding that it had a shared drive. The entrance to the drive sits on our 'side' of the frontage so the proposal would involve creating a new drive for them too. Email address [email protected]
Submitted: 8 years ago.Category: UK Law
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Answered in 2 minutes by:
6/11/2010
Solicitor: Thomas Judge, Solicitor Advocate replied 8 years ago
Thomas Judge
Thomas Judge, Solicitor Advocate
Category: UK Law
Satisfied Customers: 34,004
Experience: Award winning lawyer with over 15 years experience
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HIya,

The key to this with be to check the deeds for all the owners and their rights of access over your land - this can be done easily enough via the Land Registry. If they have got rights of access over your land or believe that they have then this could all get somewhat problematic in law and to that end your proposals would be best resolved with their permission

I hope that helps

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Customer reply replied 8 years ago

Hi sorry - I already know they have right of access over the drive - we bought the house with this knowledge. However, if we can demonstrate that they don't reasonably need to use it as their parking area is large enough to turn in does it make any difference?

My plan would be to just do it and risk them not taking us to court!

Would that be highly risky?

Solicitor: Thomas Judge, Solicitor Advocate replied 8 years ago
Hiya,

Whether they need to use it or not is really a matter for them and not a great defence for you to advance in a case such as this I'm afraid - not in law. If you just do it then there is the risk that they will sue -

I hope that helps

Please remember to PRESS ACCEPT
Thomas Judge
Thomas Judge, Solicitor Advocate
Category: UK Law
Satisfied Customers: 34,004
Experience: Award winning lawyer with over 15 years experience
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Customer reply replied 8 years ago
Thank you.
Solicitor: Thomas Judge, Solicitor Advocate replied 8 years ago
MY PLEASURE
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