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Old 11-01-2011, 09:26 PM
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Join Date: Jan 2011
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Question Advice: Access Rights over driveway

Hi, not sure if any one can help with this. I own my house and the driveway to it. By agreement 2 other houses have use of this driveway - maintenance costs are shared etc. One of the houses benefitting from the use of the drive was sold some time ago. Then Mr X the new owner of the house sold the house on to Mr Y but retained part of the garden. The original house owned by Mt Y still benefits from the agreement concerning the use of the drive. Mr X is now applying for planning permission to build on the retained part of the garden. To access this he has to pass over the driveway mentioned above. My question is can he divide a property and retain the right of access to both bits of land over my driveway without my agreement? In the agreement, access is granted to the named house only. Any ideas?
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Old 12-01-2011, 09:44 AM
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Join Date: May 2009
Location: Tenterden, Kent
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Default Re: Advice: Access Rights over driveway

As so often, it all depends on the exact wording of the right that was originally granted - and on the terms of the obligation to contribute towards repair costs
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This is based on my experience as a conveyancing solicitor in England, but I do not accept liability for information I give in this forum
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