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Right of Way over my Driveway
phantom123
Posts: 1 Newbie
My neighbour has a right of way over part of my driveway to a access his property.
I have the deeds for his property and it says the title owner or occupier has vehicle and pedestrian access.
This has never been a problem however the property has been sold and the new owners have not moved in and have submitted extensive planning permission.
To facilitate there building works all materials, construction traffic, skips diggers etc would need to access over the right of way.
As the title owner, do I have any rights. ??
Could I refuse access to heavy vehicles .
The access is on a the blind bend of a main road and traffic can only reverse on up a slope between two retaining walls.
The driveway is pretty small 4 cars max and is elevated about 10ft off main road.
I have the deeds for his property and it says the title owner or occupier has vehicle and pedestrian access.
This has never been a problem however the property has been sold and the new owners have not moved in and have submitted extensive planning permission.
To facilitate there building works all materials, construction traffic, skips diggers etc would need to access over the right of way.
As the title owner, do I have any rights. ??
Could I refuse access to heavy vehicles .
The access is on a the blind bend of a main road and traffic can only reverse on up a slope between two retaining walls.
The driveway is pretty small 4 cars max and is elevated about 10ft off main road.
0
Comments
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They have right of vehicle access - that applies also to people working for them for normal domestic purposes.
Obviously, that's only right of access... They can't store anything on your land or park there. They can't block your access, any more than you can block theirs. And any damage caused, above and beyond normal domestic use, would be their problem.2 -
If the owner of the neighbouring property damaged your drive while exercising his right of way, you would have the right of redress. If his agents did the damage, the same would apply?Could I refuse access to heavy vehicles .As you have concerns on this score, it would be wise to consult the local authority/planning department before the works commence.
The access is on a the blind bend of a main road and traffic can only reverse on up a slope between two retaining walls.1 -
Check the planning permission really carefully. We had a similar situation in that our lovely neighbour had a right of access over approximately 3m of our drive then over land owned by the local landowner/estate. This estate decided to bring some redundant farm buildings into use as a home and submitted an application which implied that they owned our driveway. Instead of chatting to us about it, they went ahead and submitted leading my elderly neighbours distraught as they thought they could have lost access to their house had it gone ahead.
My neighbour got the estate manager down and armed with our deeds, we quickly proved our case. We both objected to the plans and they were withdrawn. We all talked it through and the upshot was 3 separate driveways, ours, our neighbours and one to the new house. It turned out to have been a simple human error on the part of their agent, but check really carefully.0 -
From the sound of it, your new neighbours have applied for planning permission - they haven't actually been granted it.
As someone whose property will be affected by the works, you will be consulted on it, and given copies of plans for the proposed development. As Madmel says, look at these in detail. Here is some information about valid objections to planning applications (I haven't been around for long enough to post links!):https://www.iobject.co.uk/what-are-valid-reasons-for-objecting-to-a-planning-application.html
Good luck!0 -
Bear in mind that ownership of land has no bearing on planning permission whatsoever. I could apply for PP for a block of flats in your garden if I wanted to.1
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I would be worried about contractors expecting to park their vehicles on the drive so that they don't get in the way of building work0
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