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Any planning / property law experts here? (With plan!)

3 replies

PlanningPondering · 04/07/2021 10:35

We own a house with a long garden. At the front we have a small drive but the house is between that and the garden. Currently we have no access to the top of the garden except by permission of our neighbour.

They have a track that runs across the top of our land which is gated and they keep locked. They will open it if we ask for access for garden equipment etc.

We would really like our own access at the top of the garden (yellow highlight ish area) for a car size gated entrance. We are limited because the neighbours own the grass verge between our wall and the road and won't just grant us a right over it.

We already have a pedestrian size gated entrance at the bottom end of the garden (purple arrow) but as the garden is terraced, and it's small, this is useless for big stuff getting in and moving to the top.

We are happy to offer to buy the verge from them, or reach another arrangement that may suit, but before we do I wanted to ask whether anyone knows if already having access across one spot of the verge for the pedestrian gate, which is well established, implies access over the entirety of the verge. I assume not but it seems daft not to ask the question. My friendly neighbourhood solicitor who I'd usually ask is no longer available for me to speak to.

Any planning / property law experts here? (With plan!)
OP posts:
JustKeep · 04/07/2021 10:49

No, having access over one specific area of a verge does not in any way give you access over any other part of the verge.

Also pedestrian and vehicular access are very different, having access for one does not imply you have access for the other.

PlanningPondering · 04/07/2021 11:53

I thought as much. Thank you for replying. As I say, I'm very happy to speak to my neighbour and work with them. Having all the information I can get is my goal!

OP posts:
JustKeep · 04/07/2021 16:14

:)

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