Right of way question.

Mottie

Mottie

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Asking for a mate of mine. He has a house with its own car-width drive. Adjacent to him is his neighbour with a mirror image. They never had a barrier/wall/fence between them. Years ago, the neighbour built a side extension taking up approx 2/3rds of his drive. He still used my mates drive to access his garage. In the interest of neighbourly cooperation, my mate let him continue doing so. They’ve recently fallen out when a brother of my mate parked on his drive overnight while staying with him, the neighbour parked behind him and when the friend wanted to leave in the morning, the neighbour had gone out. It took an hour for him to come home and move his car. My mate was fuming and said words to the effect that he’s not to use his drive anymore. The neighbour is of the opinion that as it’s been going on for over 10 years, he has a right of way. My mate thinks he might be right. Simple question, is he? I said he should stick a fence or wall up down the previous middle line and let the neighbour take action if he wants to use it
See photos attached.




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fillyboy said:
The neighbour's blocked off his own access. Tough.
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That’s what I say. It’s not a formal easement though or has become one through long-term use, had it? If so, that would mean my mate could never replicate his neighbours side extension because it would block his vehicular access. Even if there was a fence on the boundary line, the neighbour will still have a pathway to his rear garden, just not one wide enough to drive a car through. Does anyone think my mate should seek proper legal advice or is it a clear cut case?
 
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Your Mate needs to see the planning documentation for the extension - that should show what the conditions are to build the extension. Such paperwork should still be available on the council website. It cold be that the neighbours planning condition is that they park in front of the house or it is possible that a PWA was set in place regarding access. Also he need to look at the land registry website for both properties.

But on the whole I agree with fillyboy.
 
I think the neighbour is thinking about the law that says if you use a piece of land with uninterrupted use for a number of years that you can claim ownership of it. But that is after 16 years and only then if nobody can prove ownership with deeds or similar. So the neighbour is wrong. However a friend of mine in a similar situation had a massive problem with a neighbour who was allowed to use a piece of his land and claimed ownership via the land registry by basically lying that they owned the piece of land referred to. It was then registered in their name along with their house. In other words the boundary was changed to show in a different place to the original. If I remember correctly my friend did not want the hassle and expense of litigation for a piece of land, that although he owned it he never used.
 
Thanks. I’ll pass this info on to him. Only thing that concerns him is that the neighbour is/was a police officer (may have retired now though) but I told him that makes absolutely no difference.
 
looking at pic can your mate even get up the driveway without straddling neighbours bit ?
 
Mottie said:
Only thing that concerns him is that the neighbour is/was a police officer (may have retired now though) but I told him that makes absolutely no difference.
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It would have been better if he was still serving. They have to be very careful what they do, regardless of whether they are on duty or not.
 
As an after thought he should write to the neighbour telling him that he is withdrawing his permission to allow the neighbour access onto his property and in future he will be treated as a trespasser. If he would like professional advice about the situation he, and everyone else, are allowed a free 30 minute consultation with any solicitor who should be able to advise him.
 
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