My rights of way over neighbours drive

22cal

I've been using my neighbours drive to access my own drive for 19 years, do I have any rights? The verbal agreement was we could use their drive to access my drive, the neighbour is now selling her property and I am concerned that the new owners will stop me accessing my drive, do we have any legal rights? Kind regards Warren 

cooltt

Yes loads, a verbal agreement is as good as a written provision at this point. They should make the new owners aware of the agreement. 

I just remembered what it's called, "permissive access" and you've had to have been accessing for 20 years before the land owner can't refuse. 

greatcrested

You have a licence granted by the current owner.

Whether the next owner grants you a similar licence will depend on the quality of the cake you bake.

AdrianC

22cal said:

I've been using my neighbours drive to access my own drive for 19 years, do I have any rights? The verbal agreement was we could use their drive to access my drive, the neighbour is now selling her property and I am concerned that the new owners will stop me accessing my drive, do we have any legal rights?

No, you don't. Your old neighbour may have fed your cat while you're away - that doesn't mean your new neighbour has to, either.

Perhaps more to the point, why have you put up with a lack of vehicular access onto your drive for two decades? This is the nudge up the chuff you need to sort it out properly. Any chance of a suitably anonymised pic or drawing to show the cause of the problem, so we can help you figure out the best way to resolve it and remove this dependence on somebody else's generosity?

zagubov

You have to hope that the new owner is as amenable as your current one because I'm not aware of any way your rights will pass on automatically to them.

Davesnave

cooltt said:

Yes loads, a verbal agreement is as good as a written provision at this point. They should make the new owners aware of the agreement. 

I just remembered what it's called, "permissive access" and you've had to have been accessing for 20 years before the land owner can't refuse. 

Perhaps understandably, you are getting prescriptive rights and permissive rights muddled-up.

In this case, the landowner has granted a permissive right and the OP has enjoyed that, but being permissive, the permit can end when the landowner chooses.

OP, how was your property accessed in the past, before this arrangement? Is there still an alternative route?

MobileSaver

cooltt said:

Yes loads, a verbal agreement is as good as a written provision at this point. They should make the new owners aware of the agreement.  ... you've had to have been accessing for 20 years before the land owner can't refuse. 

I am sorry but this is completely incorrect. There is absolutely no obligation on the new owner to continue the agreement unless the existing owner makes it a condition of the sale (which frankly they would be foolish to do.)

You are thinking of prescriptive rights and/or adverse possession but neither are applicable in this case as the OP had permission to use the neighbour's drive.

xylophone

I've been using my neighbours drive to access my own drive for 19 years, do I have any rights?

Do you mean that when you bought this property, you were aware that you could only access your drive by specific permission of the owner of an adjoining property?

princeofpounds

Davesnave and MobileSaver are right - because you were using the access 'under license', you will not have established any rights over that access and the new owner can decide whether they want to allow you to continue.

The 20 year thing to gain prescriptive rights only matters if you meet certain conditions, such as using the access without permission, using it openly and without subterfuge etc. 

It's probably worth having a read on the ways easements (rights of way) are established. I assume that you don't have any granted easement (that would be in your deeds or those of your neighbour) - you would probably know if you did from when you bought the property. It's WAY less likely, but you may have rights on another basis, an easement by implication. It's worth mentioning that the bar for an easement by necessity is very high and specific - some people get confused that something they really, reall, really want (e.g. drive access) is not actually a necessity under law.

The following link may get you started:
http://www.hip-consultant.co.uk/blog/acquiring-a-right-over-anothers-land-123/

Jumblebumble

cooltt said:

Yes loads, a verbal agreement is as good as a written provision at this point. They should make the new owners aware of the agreement. 

I just remembered what it's called, "permissive access" and you've had to have been accessing for 20 years before the land owner can't refuse. 

I assume you are not a solicitor 
What happens if next door sell up and the new owners revoke permission?
I wish the OP the best of luck in enforcing a verbal agreement that someone else has made..

They will need it and the costs of trying could be huge
The OP should talk to their solicitor so any advice is backed up by professional indemnity insurance and not rely on the man in the pub
I suspect a solicitor would say sort this  properly in writing

greatcrested

Not sure how indemnity insurance would help. It might pay out to cover any legal costs, or even compensate loss of value. But it will not help with the issue itself - if the new owners deny access, insurance won't over-ride that!