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Access required through our drive

27 replies

Newbuildaccess · 17/05/2019 14:39

We bought a new build 3 years ago. We are the end of the row so have a really large drive and front garden. It was mentioned at time of sale today that in future they may need to access a future development through our drive. Obviously we would be devestated by this not only will be lose our drive but we would have years of disruption. We tried to clarify it but didn’t have the money for endless solicitors letters. I’ve seen time and time again how knowledgeable people on here are and I’d wondered if anyone could shed any light on this. We are annoyed as for 3 years we’ve planted bushes, mowed it weekly, maintained fences etc and according to our house deeds (attached) the drive is within the red boundary of our house. Just wondering if anyone had any experience of anything like this?

OP posts:
Jimdandy · 17/05/2019 18:55

Commercial Property Solicitor here. PM or post your deeds and I’ll happily take a look over.

It’s too late to help you know, but you should have really looked into this at the time of purchase, instead of just going along with it in the rush of excitement at buying your house. Was it mentioned in your conveyancers Report on Title?

RaptorWhiskers · 17/05/2019 19:04

They can “say” whatever they like. If they don’t have it in writing they’re screwed. I can’t see your photo but if the land registry shows a red line around the land then you own it. So the only question is whether your deeds include a clause regarding access or easement across your land. If your deeds don’t mention it and they have no additional documents or written proof of what they say was verbally agreed, it’s tough. See a solicitor - but you don’t have to stick to what was verbally agreed if they have no written proof.

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