Right of way over property

[slinka]

Hi,

This is a tricky one I need some advice with, For 30 years I've lived a house in Birmingham and currently drive over a neighbours property in front of their house to reach my drive at the back where we park cars, this is a shared access drive and the access has has been written into the deeds a long time ago.

My neighbour Bob has come to me and expressed a wish to extend slightly a small patio at the back (where we currently drive over) so he can put up a shed, which basically shifts the access about 2 metres to the side, I am in favour of this as this doesn't affect me or my parking at present but because the deeds state a particular route of access does this cancel out any route access we have within the deeds if he sells his house and another neighbour moves in and says we cannot drive over the land.

Any help would be appreciated.

Thanks,

Barry

[des8]

If you have reach an agreement you need to draw up a Deed of Variation and get everyone (and everyone's mortgage company) to execute it (which means signing it in the presence of a witness).

Then send it to the Land Registry and it will be noted on everyone's deeds.

[slinka]

If you have reach an agreement you need to draw up a Deed of Variation and get everyone (and everyone's mortgage company) to execute it (which means signing it in the presence of a witness).

Then send it to the Land Registry and it will be noted on everyone's deeds.

Thanks for the reply.

If we were to move the access slightly, would we still have access if my neighbour sold his house or could we have difficulty when a new neighbour comes along because the access has been moved and changed?

I'd like to know if we moved it slightly, would we forfeit the right to drive over the land.

Ideally i'd like to just move it without the cost of a solicitor but I feel this will have to be done, even for a slight amendment.

[des8]

If you agree to move the access by deed of variation, the change will be binding on all successors in title, as ,long as it is worded correctly and registered.
If worded properly it will preserve the right to take a wheeled vehicle over the land

An interesting (?) read for you: https://www.gov.uk/government/public...egistered-land

It will probably be sensible to at least consult a solicitor to ensure you have the wording correct.

[slinka]

Thank you for taking the time to answer, I will await my neighbour coming off holiday to break the news to him.

[Amethyst]

Hopefully, considering the amount of effort ( and cost ) this will take, your neighbour will just decide to put his shed elsewhere