Our neighbour has right of access ONLY onto a strip of our drive, which runs between her house and ours. She is now talking about putting a doorway and window into that side. Does that need planning?. She currently has no doors / windows for the house onto this area - just a gate into her back garden. Also conservation area - if that makes any difference.
Opening up new door & window onto unowned drive!
- Thread starter dmini
- Start date
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Is it a problem for you if she adds a door/window?
Lets just say she has already tried to claim the drive as hers, amongst other things, so yes. We do have windows and door on that side. Bidding fair to become very unpopular with all the neighbours if she carries out half of what she tells people she is going to do. Seems somewhat delusional but... just want to know where I stand
No planning permission required, http://www.planningportal.gov.uk/permission/commonprojects/doorswindows/ unless the property has had some permitted development rights restricted as usually only happens with more recently built properties (say last 20 years).
With regard to the access issue and what it specifies in your deeds as far as I am aware (I stand to be corrected) would be a civil matter and nothing to do with the Local Authority.
With regard to the access issue and what it specifies in your deeds as far as I am aware (I stand to be corrected) would be a civil matter and nothing to do with the Local Authority.
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Have a look at your title deeds and see exactly what rights your neighbour has to use that bit of your driveway. She probably wouldn't be allowed to construct a doorstep for instance and having a window that opened onto the driveway would be contentious (since it could obstruct the passage of your vehicle). Trouble is that it is all civil law & will get expensive if you need to enforce your rights and may make any sale of your place difficult in years to come.
A slightly lateral approach- have you got legal cover with your home insurance? If so then give them a ring & see what they think your options are.
A slightly lateral approach- have you got legal cover with your home insurance? If so then give them a ring & see what they think your options are.
She probably has the right to create a door but the wording of the right to use the drive way may prevent her from being able to use that door.
"to pass and repass along the length of the driveway to and from the rear of the property" does not give to right to pass and repass along the dive way to a point ( a door ) along the drive way. A house owner closed off the pedestrian access that was direct to the highway and moved it to a point along a neighbour's driveway across which they had right of access across to a parking area they owned. When they tried to sell the house the various potential buyers all backed out when their solicitors saw there was no direct access to the public highway. The owner of the driveway was entitled at any time to block the only access to the house as the wording of the right of access did not permit use of the new pedestrian access from the driveway.
You could make this point to the neighbour with the clear implication that at anytime access to their new door way could be blocked should future owners of your house decide to do that.
Of course it does.
What if she walks half way up the drive, and realises that she's left a loaf in the car. Does she need to walk to the end of the drive first before turning around?
The person can walk back and forth along the driveway, can turn round at any point but can only enter or leave the driveway at the boundary with the highway or th boundary with the land at the rear of the property. It was considered that the person did not have any right to create a new access to their property from the driveway at a point along the driveway. Hence the new entry to the property was "not legal" and could not be ensured. They had created a situation in which they had no access to the public highway other than by the good will of the owner of the driveway.
No, the right to pass over land is distinct from access to any building.
The right to pass exists despite the building, and the right can be exercised at will, from one end to another, to any point along the land into the neighbour's property - specifically the whole purpose of the right is to allow the neighbour access to her property, to any point of her property.
Your example is not the same as this situation.
The right to pass exists despite the building, and the right can be exercised at will, from one end to another, to any point along the land into the neighbour's property - specifically the whole purpose of the right is to allow the neighbour access to her property, to any point of her property.
Your example is not the same as this situation.
You say she has a right to use "a strip of our drive".
Do you mean she only has a right along a defined width of the drive, or along the whole width?
Does the bit she has a right over extend right up to her house, or is there a strip that she does not have a right over?
Do you mean she only has a right along a defined width of the drive, or along the whole width?
Does the bit she has a right over extend right up to her house, or is there a strip that she does not have a right over?
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