Property Right of Access Issue with Neighbour

[Diver Fred]

Apologies for jumping in on this post, if wrong, I’ll start a new thread but I’ve got a mate who I think is possibly storing up trouble for himself in a similar situation. He lives in a semi and the drive between his house and the next semi is double width so effectively both he and his neighbour had their own drive to their garages in their rear gardens. There is no fence but there is a dividing line of bricks set flush in the drive. About 8 years ago, the neighbour built a side extension to his house leaving himself about 1 metre from the side of his house to the dividing line. The neighbour now uses my friends drive to get his car to his garage and what’s more, gets the right 'ump if any visitors to my friend parks on my friends drive blocking his access! I’ve suggested putting a fence up to clearly define his property. My mate has no problems with the neighbour and doesn’t want to start any ill feeling but if the neighbour moved, would any new owner have a legal right of vehicular access? I'm hoping I’m just being more concerned on his behalf than he is! Should my mate be concerned about losing sole use of his drive and the neighbouring property claiming a right of vehicular access? What if he wanted to build a side extension, could the neighbour object on the grounds that he is blocking vehicular access?

You mate is storing up a problem for himself. If the neighour has cut off his own access to his garage then it is the neighbours problem not your mates. I'm surprised the council when agreeing the planning permission did not make the neighbour make alternative arrangements for off-road parking. Where I live 2 neighbours have extended over their drives - in both cases the planning was granted with a restriction that the front lawns had to be converted to hard standing and the council 'sign-off' was NOT given until the planning officer had inspected the permeable hard standing.
Your neighbour urgently needs to review the planning permision on the council web site as his neighbour may have fiddled the drive statement to be 'Joint' rather than individual.
He also needs to 'put his foot down' about continual access by the neighbour before he looses the right to his property. Hopefully the agreement to use the drive is 'Informal'.

Do start a new thread.

 

[Mottie]

I'm surprised the council when agreeing the planning permission did not make the neighbour make alternative arrangements for off-road parking.

They also have off street parking for two cars at the front of each house.

 

[Diver Fred]

They also have off street parking for two cars at the front of each house.

in which Case your mate really does need to stop the frequent access over his property. May cause an upset but better now rather than later.

still needs to check with council for planning condition terms!