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Thomas, Lawyer
Category: UK Property Law
Satisfied Customers: 7613
Experience:  BA (Hons), PgDip, Practising Solicitor
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My nighbour an I own freehold adjoining plots. Our dees indicate

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My nighbour an I own freehold adjoining plots. Our dees indicate the we have a right of way over a plot of land adjacent to our driveway. Unbeknown to my neighbour and myself, Chiltern District Council has granted planning permission for a domestic residence to be extended over our right of way. The Council contends that they sent neighbourhood notifications to us - neither my neighbour nor myself received such notification. The Council now states that it is a civil matter and we must consult the Citizens Advice Bureau or a Solicitor. Can you please advise a way forward?

Thanks for your patience.

You need to instruct a local property solicitor to deal with this for you.

The local authority simply grant planning permissions in accordance with their planning policy. They are not concerned with the legal rights of way and/or covenants registered against the title for the property. They do not check these and so would not know, because it is for the individual owners to protect their legal rights and for the council to protect theirs.

If you have a right of way over their land and this would be prevented by the development then your solicitor would write to them informing them that they would be in breach of your right if they started development and advising that they should not develop until you have resolved the dispute, otherwise you will apply or an injunction from court ordering them to stop work.,

You will have to enter in to negotiations. It may be that they offer you a sum of money to surrender the right of way.

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Kind regards,

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