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Hi there, I'm hoping you can help me! I'm asking on behalf of a a relative.
My relative (let's call them C) owns a semi detached house in a bit of a strange set up. Their house is essentially a granny flat, surrounded by the grounds of their neighbours house, save for one small space at the side of C's house. Everything else belongs to the neighbours. C's house can only be accessed by a driveway which belongs to the neighbours.
Due to the layout of the houses and driveways, there is space for C to park in the small space outside their house, but they would have to drive up the driveway. The neighbours won't allow it and say they have right of way access by foot only to their house. The plans were drawn up in the 1940s before the driveway was lain and it shows a maybe 3 foot wide path (it's drawn to scale, marked in green and is only about half the width of the driveway) as right of way to the end of C's house. The house deeds for both houses only state a right of way for C to access their house, but there is no mention of if this is by foot or by car. Obviously a car is a lot wider than the 3 foot wide right of way and would be half outside the right of way.
Is it possible C would be able to drive up the driveway or are the neighbours right in saying no? Is there anyway C could obtain the right to drive up the driveway?
Thank you!
My relative (let's call them C) owns a semi detached house in a bit of a strange set up. Their house is essentially a granny flat, surrounded by the grounds of their neighbours house, save for one small space at the side of C's house. Everything else belongs to the neighbours. C's house can only be accessed by a driveway which belongs to the neighbours.
Due to the layout of the houses and driveways, there is space for C to park in the small space outside their house, but they would have to drive up the driveway. The neighbours won't allow it and say they have right of way access by foot only to their house. The plans were drawn up in the 1940s before the driveway was lain and it shows a maybe 3 foot wide path (it's drawn to scale, marked in green and is only about half the width of the driveway) as right of way to the end of C's house. The house deeds for both houses only state a right of way for C to access their house, but there is no mention of if this is by foot or by car. Obviously a car is a lot wider than the 3 foot wide right of way and would be half outside the right of way.
Is it possible C would be able to drive up the driveway or are the neighbours right in saying no? Is there anyway C could obtain the right to drive up the driveway?
Thank you!
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