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Right of way demanded by neighbour

I have a private driveway. My neighbour is seeking to use this driveway and get right of way to his lands. I do not want to give it to them and they want me to sign a right of way for them. They say if I don’t they will bring me to court and gain one. Can somebody just gain a right of way if I won’t agree?

No. They cannot simply demand a right of way if they do not have it already.  One exception to this however might be that if you yourself do not have the Freehold ownership of the driveway and it is subject to certain covenants and conditions then you might have an obligation.  

Equally if you sold the site to your neighbours originally and did not give a right of way (making their property landlocked) then the law may impose an implied condition of right of way.

You should read your Title Documents carefully, particularly the title to the driveway and if there are no conditions on your ownership and if you or your predecessors in title did not sell this land to those people then you appear to have no obligation to them.  If they continue to threaten legal proceedings consult your solicitor as soon as possible.

If you have clear title without obligation to these people, there is of course nothing to stop you charging money for the right of way. Be aware that if you do agree to share the driveway in exchange for money, a deed will have to be drawn up to put this into effect. Equally the value of your house may be effected as a result of extra traffic on the driveway

The issues raised in the answer to this NewsTalk listener's question are dealt with in a general way as can only be the case on live radio. Before relying on the advice given in this answer, whether you heard the broadcast or are for the first time reading the issues here please do not rely on the broad advice given. For a detailed professional opinion please consult a qualified legal advisor and for further details read our disclaimer on the Home Page.

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