Adopting driveway

Britannia12345

When we moved into our house the solicitor said the bottom end of our driveway didn't belong to anyone, but the houses on the left and right of the drive had access to their back gardens over it. He suggested we claim the land for ourselves but I can't remember how he said to do it. He said it would cost £45 to put in the claim and then we wouldn't have any problems if we need to sell later. The drive has been used by this property since it was built in 1960; the other two houses are Edwardian so much older. I tried to contact the solicitor who advised me but he's left.

Mark_d

Maybe find another solicitor?

Section62

Britannia12345 said:

When we moved into our house the solicitor said the bottom end of our driveway didn't belong to anyone, but the houses on the left and right of the drive had access to their back gardens over it. He suggested we claim the land for ourselves but I can't remember how he said to do it. He said it would cost £45 to put in the claim and then we wouldn't have any problems if we need to sell later. The drive has been used by this property since it was built in 1960; the other two houses are Edwardian so much older. I tried to contact the solicitor who advised me but he's left.

If he meant you should claim adverse possession then the fact the neighbours access their back gardens from it would seem to preclude that.

We can't really give you more advice without seeing a plan and/or pictures of the arrangement.

What problem did the solicitor think you might have when you come to sell?

Britannia12345

He said if anyone was buying the house from us with a mortgage their provider might balk at the shared bit of driveway. 
The neighbours don't have vehicular access, it's classed as a coalman's entrance. i.e. they have a side gate to their gardens. I'll put the plan on when I can get on the computer. 

p00hsticks

Britannia12345 said:

When we moved into our house the solicitor said the bottom end of our driveway didn't belong to anyone,

All land belongs to someone, it's just that it may not be registered at the Land Registry and so it;s not obvious who the owner is.

ThisIsWeird

Hi Britannia.
Are you hoping to take legal 'ownership' of it whilst still happy to allow your two neighbours a Right Of Way over it? Or ownership with the right to refuse them access should you wish?

Britannia12345

The former