Right of way

[deedledeedledum]

Hi all, our rear neighbour has right off way access to their property using our driveway. They want to develop several properties on their land. This would mean 6 properties using my driveway for access. Obviously I don't want this. Where might I stand legally?

Buuummmmpppp!

Try asking this question on the 'Rights of Way' section on the 'Gardenlaw' forum - it's a question that has been asked before and there are some qualified and experienced legal folk active on the forum.

It really friends in the easement they have. What does it say on your deeds? On theirs too.

This is an issue some friend's of mine are in. All gone very legal.

It might be they have access to ONE named property. Not a load of new ones. How would the properties be built without road access?

@deedledeedledum
Second thought: speak to your local Highways Authority. They are responsible for looking at new developments with a view to access and road safety. 6 houses could generate quite a lot of traffic movements and need a proper road access and junction. So your drive might not be remotely suitable because it’s sub standard. In addition, speak to the planning officer. If you own the drive, the neighbour cannot say they own all the land/access they wish to develop. Point out the nature of the access.

Look at your deeds regarding what access is granted. I doubt it’s for additional
properties. We have one of 12 properties with a private drive owned by the 12 houses. We have access over it for two other properties who don’t own it. One of these wanted to replace the house with 4 new ones. We made it clear they had a right of access for one property, not 4.