Neighbour refusing access over their property to our drive.

moreland

Hi all,

I wonder if anyone can help me with an access issue. In May last year, we moved into our property, which appeared to have a shared driveway with our neighbour. The access to our neighbour's property is via a single walk-through gate, whilst we have a wide gate leading to a drive.

Our neighbours, at that time, was renting the property. Prior to them buying the property in October, they wished to discuss the issue of access with us. We were advised that the area which was known as shared access is, in fact, not equally shared by each party. Thus, my neighbours own a larger part of the access.

As we were busy renovating the house we had been parking the car in the area of access, allowing our neighbours adequate space to access their gate. We were asked what we intended to do and we replied that we would park the car within our driveway but we asked for the some time to enable us to continue with the necessary work to be carried out. This was agreed with a neighbourly handshake.

Matters have now deteriorated drastically and we have been told that we cannot, no longer park on the access. My husband agreed and stated that we are now in a position to park on our drive. However, our neighbour has now stated that they will now not allow us to drive over their part of the access to get onto our drive. We have explained that we do not feel they can do this but they have replied that they intend to build a wall. My husband commented that they would not be able to use the driveway either, if they were to do this but their reply was, "we don't wish to use the drive we just want it kept clear".

I apologise for such a long winded letter but thought it was easier to give as much information from the offset.

PasturesNew

You need a copy of the deeds, see what that says.

chall1964

If you dont have your deeds handy, try the property search @ landregistry.gov.uk - a title register & title plan will cost you £4 each.

G_M

Is the access shared (ie owned jointly albeit not equally) or divided (ie each of you owning a separate part of the access).

Only the Title documents will tell you, either in the Plan (which will show the line dividing ownership) and/or in a written deed (explaining who owns what).

Either you, your mortgage lender or your solicitor will have copies. Or you can download them from the Land registry here (£4 each).

Ideally of course you'll reach an amicable arrangement, but if not, then you'll need to refer to the Title documents.

moreland

Thanks for your prompt reply.

Yes, I should have added that. As my home is a re-possession, I do not have full title deeds. The deeds that I do have do not mention anthing about access. The surveyor's report does mention shared access but I do not know where that information has been obtained from.

tomstickland

Being a repossession won't change the information on the Land Registry , so download them and take a look.

G_M

moreland wrote: »

Thanks for your prompt reply.

Yes, I should have added that. As my home is a re-possession, I do not have full title deeds. The deeds that I do have do not mention anthing about access. The surveyor's report does mention shared access but I do not know where that information has been obtained from.

Sorry - does not make sense. A reposession still has Title deeds at the LR. Unless it was unregistered land when you bought it (though you would have had to register it yourself on purchase).

Spend £8 and get the Title and Plan.

moreland

My Solicitor has advised me that the Deeds have been dematerialised. I have a one page Title Deeds and the HIP report.

The two properties are accessed via a private lane. The lane has an off-set pull in which leads onto our properties. According to their plans, they have some land which juts out into the pull-in area. This area of land would need to be driven olver to get into our driveway.

For your information, the property is very old, at least 160 years old. As far as we are aware, the drve has always been the main access and used as a drive.

MarkyMarkD

Your solicitor should have resolved any access issues as part of doing the conveyancing when you bought the property. Therefore it's his problem to sort it out if he messed up.

moreland

Yes, I'm beginning to wonder if our Solicitor should have done more. Unfortunately, we are learning the lesson too late. I have looked back over all the correspondence that we have and have found a letter from the Solicitor stating that she was unable to obtain any further information regarding access and right of use of the road but she understood that we had made some enquiries with the neighbours who had confirmed the right of access. Should this have been left at this or do you think the Solicitor should have received a signed confirmation on our behalf.

Also, is anyone aware of the law relating to property being used for a specific purpose for 7 years and becoming your right of land. I have been told that if I can prove the area has been used to drive over for more than 7 years, then I can continue to do so.

BitterAndTwisted

Go back to your Solicitor and ask them to clarify. I really don't think you'll get any expert advice about it here this evening although you might tomorrow