Can I Add More Dwellings to My Property and Use the Existing Access Granted by a Deed in the UK?

Question from jo, Can I Add More Dwellings to My Property and Use the Existing Access Granted by a Deed in the UK?

Answer from AI:

The answer to this question depends on several factors, including the specific terms of the deed, local planning laws, and potentially the nature of the access rights granted.

Understanding the Deed

Firstly, it’s important to understand the specific terms of the deed. If the deed grants you a right of way over your neighbour’s driveway, this is typically known as an easement. An easement is a legal right to use another person’s land for a specific purpose. The terms of the easement may limit the use to a specific purpose, such as accessing a single dwelling. If the easement is not specific, it may be possible to use it for additional dwellings. However, this is a complex area of law and it would be advisable to consult with a legal professional to understand the specific terms of your deed.

Planning Laws

Secondly, you would need to consider local planning laws. In the UK, you generally need planning permission to build additional dwellings on your property. The local planning authority will consider various factors, including the impact on neighbouring properties and the local infrastructure. If the additional dwellings would result in increased traffic over the neighbour’s driveway, this could potentially be a factor that the planning authority would consider.

Legal Advice

Given the complexity of this issue, it would be advisable to consult with a legal professional. They can help you understand the specific terms of your deed and the local planning laws. They can also advise you on the potential risks and how to mitigate them.

Useful Resources

• The UK government provides a guide to planning permission which may be useful.
• The Law Society provides a guide to common legal issues with neighbours, including issues related to access rights.

In conclusion, while it may be possible to add more dwellings to your property and use the existing access, this would depend on the specific terms of your deed and local planning laws. It would be advisable to consult with a legal professional to understand your rights and obligations.