Right of way question.

[Brigadier]

Is it sorted ?

"Is it safe?"
(Marathon Man)

 

[Mottie]

Is it sorted ?

Nah. His wife suggested getting legal advice and he went off on one apparently. Oh well, they are looking to move in a few years time so he’ll have to face up to it when any prospective purchasers ask the question about the drive.

 

[JonathanM]

Nah. His wife suggested getting legal advice and he went off on one apparently. Oh well, they are looking to move in a few years time so he’ll have to face up to it when any prospective purchasers ask the question about the drive.

A disaster waiting to happen. Do you know roughly how long ago the extension was built?

 

[Mottie]

A disaster waiting to happen. Do you know roughly how long ago the extension was built?

I looked up the planning application and it was in 2008 so any time from then onwards.

 

[motorbiking]

The very least he should do is join the forum, so we can tell him what an idiot he is for doing nothing. Perhaps he is happy for his neighbours house value to increase at the expense of his.

 

[Mottie]

The very least he should do is join the forum, so we can tell him what an idiot he is for doing nothing. Perhaps he is happy for his neighbours house value to increase at the expense of his.

I’ve been telling him to assert himself with the neighbour for at least 10 years and he's took absolutely no notice.

 

[motorbiking]

All he needs to do is write a letter along the following lines...

it has come to my attention based on your recent behaviour that you may believe you have a permissive vehicular right of access over my land due to the existence of your extension making it impossible for you to have access via your own drive way. This notice is to clarify that any such permissive right granted, has been revoked. It is not an acknowledgment that such a right was ever granted.

If you believe you have some other legal right that entitles you to access my land, I welcome any civil dialogue with you to discuss the issue.


that way - you are guaranteed a reply which acknowledges the notice

 

[diy_fun_uk]

If they're no longer talking and repairing the relationship isn't a priority, I would do this.

Speak to a solicitor well versed in property stuff.
Determine the legal (not moral) position.
If legally allowed to do so, erect a 6 foot fence on the boundary all the way along.
Ensure I had a letter from my solicitor outlining my right to proceed in this manner.

Solved.

 

[ajohn]

that way - you are guaranteed a reply which acknowledges the notice

I'd be inclined to ask him if he ever signed anything because people might not fully understand what they are signing.
Why - in my case if I built the extension I would want legal access sorted out. Planning could probably sort that out.

 

[motorbiking]

It’s a myth that agreements have to be in writing and signed and it’s a myth that rights granted cannot be revoked.

 

[Mottie]

I'd be inclined to ask him if he ever signed anything because people might not fully understand what they are signing.

He’s never said but I wouldn’t think he'd sign anything.

 

[motorbiking]

If there was no consideration (money) changing hands and it wasn’t a deed.. it’s just a promise no matter how many signatures are on it.

 

[noseall]

It’s a myth that agreements have to be in writing and signed and it’s a myth that rights granted cannot be revoked.

You mean contracts?

 

[motorbiking]

Do you know what the elements of a contract are?