Areas of Law / Property

We bought a house 18 months ago which shares a drive with a neighbour. Our title deeds refer to a deed of grant of “mutual right of way” drawn up in 1965. We would like to divide the driveway with a fence. How do we go about changing the shared access agreement?

It’s likely that one of you owns the driveway and the other has the right to pass over it. If you own the land you would have to reach agreement with your neighbour to alter the title deeds. If your neighbour owns the land you may have to buy half of the driveway from him. It’s possible also that, if you live on an estate, you will need the developer’s consent to make these changes. Discuss your plans with your neighbour and see a solicitor who will check your title deeds.

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