House with ransom shared access

BikingBud

The real distinction would be the right they have: "to pass and repass by foot" or "to pass and repass by foot and motor vehicle" Option 1 is a reasonably small footpath that might run alongside your future garage, option 2 might be to allow them to build a garage or possibly another dwelling in their back garden.

Also I would not assume the neighbour will never need it as although they might currently be using access via the other side, plans for extension and such like on that access might cause them to revert to accessing their rear garden via this right of way.

We hear of people extending and then having difficulty doing rear garden stuff, even emptying bins.

Pat38493

BikingBud said:

The real distinction would be the right they have: "to pass and repass by foot" or "to pass and repass by foot and motor vehicle" Option 1 is a reasonably small footpath that might run alongside your future garage, option 2 might be to allow them to build a garage or possibly another dwelling in their back garden.

Also I would not assume the neighbour will never need it as although they might currently be using access via the other side, plans for extension and such like on that access might cause them to revert to accessing their rear garden via this right of way.

We hear of people extending and then having difficulty doing rear garden stuff, even emptying bins.

Thanks good points and we will be checking that.

If you saw the situation in real life, I think it's hard to imagine anything they would want to do that would force them to require that access again, but theoretically I take your point.

NameUnavailable

If this driveway has a right of way for the neighbour you may not be entitled to park vehicles on it. Check exactly what the details are!

sheramber

If you cannot park on the drive and ,presently , there is no available option to use it for access to a garage on your own land , what is the point of the  drive being your land?

Pat38493

sheramber said:

If you cannot park on the drive and ,presently , there is no available option to use it for access to a garage on your own land , what is the point of the  drive being your land?

This is to be determined when I get the deeds.  The current owner has recently planted grass across part of the access, and a gate has been installed (but was left open when we were there), plus another (vehicle) gate has been installed at the border of the neighbour's land.  Therefore you could still park there but would have to move if the neighbour asked in theory, plus if the neighbour suddenly decided to use that regularly, the grass would get chewed up.  Meantime the grass is still part of the garden of that house.

As stated above though it's very hard to see how the neighbour would gain anything from using the access, and hard to imagine what changes they could make on their side that would render the access useful to them, unless they knock down their house and outbuildings and rebuild it blocking off the existing other access (which would make no sense for various reasons).