Access of adjacent Driveway

[SwanHK]

We are new to UK. We bought a semi-detached and have applied for extension planning for rear extension and first floor extension. Everything is approved and waiting for builder's availability. Builder asked us many times if we have the access of the adjacent driveway which is gated and lead to a small car park.

From land registry check online, it belongs to council and we have contacted council to clarify. Council replied and said yes, we can have the passcode for access. Waited for more that 5 months, we verbally got the passcode from council via phone conversation. We just went outside to see if the passcode works, my neighbor just saw us and stop us. She told us that we don't have right to get in.

From Map, the driveway leads to a car park shared by 6 terrace houses, and is located at the end of those terrace house.

The lady said that there is a document showing that these houses own the driveway and they can't allow us to use it.

I have called back the council and they only said that just show me that document.

Now, I am shocked. I don't know who I should approach to have an answer. Just in case if I don't have the driveway access, the builder may have to use inefficient way to build the extension. It should cost me arms and legs and more time as well.

Welcome to share your similar experience. Thank you very much.

If you don't own it or have right of way to access your garden then no you don't have the right to use it, although the landowner could give permission , probably for a fee. Could the council have misunderstood which property you live in? Assume plan b even if it is more trouble. Will you no longer have rear access due to your build?

Is all your correspondence from the council recorded? If so and they own the land then it would be down to your neighbours to prove they own the land. If not I would let your builders have access, but please do be courteous and not do anything to block any access for your neighbours

I think the first poster has misunderstood your post

I would tell the neighbour the council has granted permission, but I’d want it in writing from the council.

I’d also ask the neighbour for documentation showing they own it, I suspect they are wrong.

But all replies from council is verbal. I know I should ask for email documentation. I don't want to make a tense relationship with my neighbor.

If it is a private driveway, then why would the council have the passcode? One scenario is that it is because the bin lorry needs access to the rear of the terrace, but then someone gave the bin lorry the code, who was that? Follow the passcode.
Alternatively, look in land registry for the deeds of one of the terrace houses and see if the deeds show anything about the driveway.

Get a copy of their deeds from Land Registry, it’s not expensive. www.gov.uk/search-property-information-land-registry

The council wouldn’t be putting a gate and passcode on a private driveway, so how would the council have the code to give you?

If the drive is private as your neighbor is staying then ask to see some proof from them as the council has given you permission and code