My neighbour has access rights over my land to reach his property via a (my) private drive; his property (house and garden) face the road. He has lived there for 23 yrs and has just decided people can not find his house and would like to errect a sign on my land stating his house name.

There is a sign on our land stating my house name which i renewed and do not want another sign on the land as it will clutter the area (its onlya a small area) and detract from my sign.

I have suggested he maybe would like to put either a; a sign in his garden so it can be seen from the road and because of the orientation of his garden would also be visible before people were required to turn off the road:
or b; put a sign on his house; again which would be visible to visitors before they were required to turn off the road.

He is not happy with this as it will ‘clutter’ his garden/house and will be seeking legal advice.

I take it he will have no legal standing over this? (he does not pay any maintanance fees for upkeep of my private drive) any advice plse

Comments
  • H R

    I’m a bit surprised your neighbour thinks he has any right to do so and, having had a refusal from you thinks it worth seeking legal advice. That he has been there 23 yrs suggest he is maybe getting on a bit and perhaps that colours or distorts his view of any rights he has on/over your land.
    As in all things look at your deeds / land registry title which will normally show what easements your neighbour has.
    Technically easements attach to the land and carry on to future occupiers of the land, not the individual otherwise the individual has a ‘licence’ which ends with him. Normal easements are things like neighbouring drains and utilities running under or across land. Signs could be an easement. If eg. your neighbours easements allows his properties drains to run under your land his land is the ‘dominant tenement’ and yours, which carries the burden of letting it happen, the ‘servient tenement’.
    The fact that you say he has ‘just decided’ indicates that no easement by implied right has been established over the years and because your neighbour has managed to enjoy his property without a sign on your land upto now suggests that he can’t claim an easement by necessity ie, that his land is useless unless he can put a sign up on your land. Merely being more convenient for your neighbour to use his land with a sign on yours isn’t enough to claim necessity.
    So simple answer: not impossible if your deeds show it but highly unlikely he has a right to do so. Second point, when people share rights of way and similar it is normal for them to contribute, and if need be made, to pay a share for the upkeep

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