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Ending neighbours access to hardstanding

10 replies

Safedrivewayneeded · 02/08/2024 19:30

I bought a house last year with a large driveway and double garage. The house is detached. Our neighbour one side has right of access over our driveway to reach their hard standing and garage. They have their own frontage between their hard standing and the road which is planted. There is no dropped kerb. The original plans show the access.
we have had a number of issues with the neighbours since our purchase, largely liked to planning and subsequent building work that has taken place. We are aware they have made several complaints to the LA, they have been aggressive towards our building team, and most recently they have driven in a way that slightly worries us as they entered the drive (increased speed to enter and narrowly missing us as we exit). I am worried as our move date approaches. I a frightened that there is a chance their actions might put our children, pets and ourselves at risk. I’m also fed up with their passive aggressiveness when we see them and would like the driveway to be for our private use - at the moment the access is across the full sweep of the drive, with an area outside our garage where we can park. Can I give the neighbours notice them at we will ‘taking back’ the use of our drive and request they repurpose their planted area to create their own access?

OP posts:
BeeCucumber · 02/08/2024 19:33

You know the drill OP - diagram! However, how do you know they have a right of access?

OlympicsFanGirl · 02/08/2024 19:34

You will need your reach a mutual legal agreement.

You might need to buy them out.

If you can't reach agreement you would need to apply to court for it to be revoked.

You can't just give notice.

Mrsttcno1 · 02/08/2024 19:38

OlympicsFanGirl · 02/08/2024 19:34

You will need your reach a mutual legal agreement.

You might need to buy them out.

If you can't reach agreement you would need to apply to court for it to be revoked.

You can't just give notice.

Yep this.

It’s not as simple as you just giving notice, if they genuinely do have a right of access then you can’t just revoke it.

RandomMess · 02/08/2024 19:40

You will need specialist legal advice at your chances of finding a legal solution. They can refuse full stop.

Read your deeds very carefully.

Safedrivewayneeded · 02/08/2024 20:24

Thankyou all, the deeds do not refer to it at all, only a diagram of the development which does refer to access.

OP posts:
MooseBeTimeForSnow · 02/08/2024 20:34

You’d need to check their deeds too. You can purchase a copy from the Land Registry website.

missmousemouth · 03/08/2024 10:00

As I understand it, if it's not in deeds then there is no right to access. Check your deeds.

Narwhal23456 · 03/08/2024 10:04

missmousemouth · 03/08/2024 10:00

As I understand it, if it's not in deeds then there is no right to access. Check your deeds.

And theirs too... if its not in yours you might be on to a winner. Why can't people just be pleasant? Made a rod for their Own Backs.

mondaytosunday · 03/08/2024 13:43

Is it a covenant? What did your solicitor say about it? They bought their house with the access - they will not just give it up.

Collaborate · 04/08/2024 17:03

Your OP literally stated:
"Our neighbour one side has right of access over our driveway to reach their hard standing and garage."

As PPs have said - you need to inspect the deeds for yours and neighbour's property. If it's there you can't force them to relinquish it. I presume your solicitor, when you bought it, explained all this to you?

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