We live a converted barn we did ourselves, we have a private driveway down to our property, however also at the end of our driveway is a gate access to a 7 acre field owned by the neighbours, whom our barn was purchased from. The neighbours are considering building a housing development in the field and our driveway would become a road straight down into this field. When I go down the drive I turn left before the gate and continue a short way to our barn. In the deeds to our barn it states that under no circumstances can anyone vechicular or whatever can have access over our drive and we are not allowed our access to be interrupted at anytime 24/7. Does this mean that we can prevent our drive from being turned into a road and the lovely field by our house not turned into a housing estate..

  • Mark Brinkley

    It really all depends what is written in the deeds. Is the "drive" defined? Is it clear what your rights are? You may have a cast-iron protection against further development but if you bought the site off the very same neighbours who are now thinking of selling off more land, the chances are that they covered themselves when they sold the barn to you.

    I would seek some professional legal advice on this.

  • Jeremy Murfitt

    Fully agree you need legal advice. Your description of the various parcels of land is not clear and you need to check the Land Registry Plan and your Title. This will clearly set out what you own/have rights over or conversely what rights were retained by the seller. From what you have described it does sound as if you own your site and that part of the drive after the point you "turn left". If you have a restriction saying that you must not block or interrupt the access it does sound as if the seller still owns it. I must add that I have made a lot of assumptions, check your title.

    As a complete aside obtaining planning on 7 acres for housing may not be a foregone conclusion. Again do some research and see if the Local Plan or Core Strategy has any information on the site. If could be that permission may be forthcoming for a number of houses and by working with the seller you may be able to influence the layout so that the impact on your property is minimised. You could even get a couple of self builders next door!


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