Neighbour has asked to pave part of my land

[Ohffs66]

We live on a new build estate, the houses are about 2 years old and we all moved in at roughly the same time. We are on a shared driveway of 5 houses...us (house 1) and house 5 are on the main road either side of the entrance to the driveway, houses 2 3 and 4 are all set further back with their driveways branching of the central driveway. All the houses are fairly close together.

House 2 is directly behind us but at a 90 degree angle and has a long narrow driveway (as opposed to side by side) which runs along the back of our garden. We own a piece of land that runs directly along part of their driveway, which although belonging to us is not fenced in as part of our garden, and of no use to us at all, we've only ever been on it to cut the grass. It's a bit daft it belongs to us rather than to house 2 tbh.

House 2 have asked if they can pave or gravel this piece of land at their own expense, as they tread on it daily to get their grandchildren and daughter in a wheelchair in and out of their car and as it's slightly sloping and gets muddy in the winter, it would make their lives easier.

In theory I have no problem with this but I am worried about somehow accidentally creating a right to use the land or a right of way which could cause us problems if we come to sell: it would be really obvious why that patch of grass, and not the bigger area next to it, which we also own, had been paved i.e. to make it easier for house 2 to use it for access in and out of their car.

They are nice neighbours and I'd like to do this if we can, but I'm not prepared to do anything which could cause issues for us later down the line.

Any conveyancing solicitors about that might know anything about this please?! I'm not willing to seek legal advice at this stage as it's only just been raised and obvs I'd have to pay, but if anyone has an idea about the legal position here as a start point I"d be ever so grateful.

The best solution is to sell it. But why should you have the hassle of looking into the legal implications. Tell them you'll think about it and ask them to look into the rules. I don't think I'd just say yes.

I haven't read the whole thread, but if selling is the best bet long-term ask them to cover your legal costs.

If you don't mind them using it then it's much better to grant them a licence for a nominal fee rather than not mind but do nothing (which is where you could end up with issues down the line). You could sell it but it will be a lot of expense / mortgage company involvement for a very small piece of land.

My parents with did with their neighbours. It’s only a small strip of land but it made the neighbours access to their back of their house much easier and my parents didn’t use it anyway. Their neighbours were considering moving a few years ago and it was planned to put the fence back in place so it was clear whose land it was. If you have a good relationship with them I don’t think it would be a problem.

*did this

Not a lawyer but here’s my tuppenceworth:

It’s in my deeds that I can’t subdivide or sell part of my land. (New build).

So if you are the same, that leaves the options if saying no, or doing something yourselves that would help them (It’s nice to be nice) but protect your assets.

Presumably to form a right of way the land must be continually used/available to use 365 days a year by the neighbour for ten or twenty years or whatever?
Perhaps the answer is to ‘not allow’ them to use it a few weeks a year and that way they cannot claim they had continual use? So it can’t be classed as a right of way.
For example if they go away on holiday for a week in September you could choose to ‘not allow’ anyone to use over your land on that week. This preventing them from claiming it’s a right of way but also not causing them and their wheelchair user any hassle? Plus other times that it suits you both to have ‘no access’ over the land. Like a week in summer when it’s too hot to go out or a few days in December when it’s two feet of snow and nobody’s going out or something. Stick a sign up sellotaped to a garden cane stuck in the ground that says ‘Private land - No Access‘ during these times.

I’d suggest the same as pp have said, some kind of different surface on your land as compared to theirs. Even just a different type of slabs. Or gravel with old carpet or rubber matting over the top or used scaffolding planks (with U shaped wire tacs hammered in to provide grip on wet days as wood gets slidey).

Perhaps the answer is to ‘not allow’ them to use it a few weeks a year and that way they cannot claim they had continual use? So it can’t be classed as a right of way.

Prescriptive rights aren't obtained by using a space if a licence has be granted - permission has been given for a fixed time, which can be renewed annually. Very like a lease on a rented house. You might live there every day for years but you can't claim to own it as you have permission and a contract.

Of course you should say "Yes!"

So much good will for so little real effort,

Conveyancing lawyer here. Please, please go and get some proper advice if you are thinking of doing anything about this. There’s no point in me listing all the potential issues, though some have been touched on already, as without the deeds and a plan of the land it will be pretty meaningless. But to just go ahead and agree, or even to ‘ignore’ what they are doing, could bring you problems in the future when you come to sell.

Well worth asking a solicitor to look at the deeds. I agree with other posters who suggest that the neighbours pay. I have advised before in situations like this and the benefiting neighbour paid for my time.

F

@PeppermintPasty is correct. I wouldn't get into selling it especially given how restrictive everything sounds on your premises.

The easy way is for you to get it paved but they lay you. I would say write out a witnessed agreement that you allow them to use the land for the purposes of....but that this does not give any rights to claim etc...however, easier for me to say it. Better get a solicitor to draw one up for you and get them to sign it so they get to use it but don't get any inferred rights

For info...the law on adverse possession changed in 2002 and it is not a lot more difficult for anyone to claim your land as theirs or rights over it....used to be just demonstrating using as your own for 12 years but not as easy now