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I would really appreciate some advice from the relevant people with regards to a problem I have with my neighbour and a dispute over a driveway. Access to the garages which are at the backs of both houses are made via the front and then down the side of both properties. When I moved into the house back in 2005 I had problems with the neighbours always blocking access to the driveway and preventing us getting to our garage without first asking them to move their vehicles and claiming it was a 'shared' driveway. We sought legal advice at the time and the Land Registry clearly indicates that the area between the two houses upon which the driveway is built is 99% owned by myself & 1% by the neighbours. To prevent further disputes we had our solicitor write to them stating this fact and we then subsequently made a verbal agreement with the neighbours that they could use the driveway to access their garage provided they did not ever cause any further problems in the future.
These neighbours decided to move at the beginning of the year and the property was marketed as having a 'shared' drive. I disputed this with them, the agents, solicitors, etc as I did not want any problems in future with the new neighbours but was told there would be nothing to worry about. The person that purchased the property has rented it out and the new neighbours are a nightmare. They are under the impression that they can do what they like and are continually blocking the driveway, parking outside our house, etc. The situation is now so bad that they have started verbally abusing us & even throwing bricks at us whenever we are in the back garden.
I have tried speaking to the landlord and told him that is is not a shared drive and yes there was an agreement between ourselves and the previous neighbours but that they adhered to it and didn't cause us any problems unlike his tenants. I also stated that if the matter was not resolved I would be blocking access to the driveway. The landlord was understanding for a few days but has since put a note through my letterbox stating that he has right of way due to the granting of an easement.
My understanding is that the owner of the dominant land (myself) would have this right of way not vice versa? Also how was it granted as there is no record of any legal paperwork indicating this and obviously it wouldn't have been granted out of thin air?! In his note he did appear to indicate that he has the right because of the verbal agreement between ourselves and the previous owners and also by right of 'prescription' even though 20 years have not yet elapsed.
Please could anyone with the relevant expertise in this area advise on this and provide clarification as before I take any further steps (in particular blocking the driveway) would obviously like to know my legal standing. Thanks in advance for any assistance.
These neighbours decided to move at the beginning of the year and the property was marketed as having a 'shared' drive. I disputed this with them, the agents, solicitors, etc as I did not want any problems in future with the new neighbours but was told there would be nothing to worry about. The person that purchased the property has rented it out and the new neighbours are a nightmare. They are under the impression that they can do what they like and are continually blocking the driveway, parking outside our house, etc. The situation is now so bad that they have started verbally abusing us & even throwing bricks at us whenever we are in the back garden.
I have tried speaking to the landlord and told him that is is not a shared drive and yes there was an agreement between ourselves and the previous neighbours but that they adhered to it and didn't cause us any problems unlike his tenants. I also stated that if the matter was not resolved I would be blocking access to the driveway. The landlord was understanding for a few days but has since put a note through my letterbox stating that he has right of way due to the granting of an easement.
My understanding is that the owner of the dominant land (myself) would have this right of way not vice versa? Also how was it granted as there is no record of any legal paperwork indicating this and obviously it wouldn't have been granted out of thin air?! In his note he did appear to indicate that he has the right because of the verbal agreement between ourselves and the previous owners and also by right of 'prescription' even though 20 years have not yet elapsed.
Please could anyone with the relevant expertise in this area advise on this and provide clarification as before I take any further steps (in particular blocking the driveway) would obviously like to know my legal standing. Thanks in advance for any assistance.
