who can restrict access to my private property?

[happymammy]

We live in a private property that can only be accessed via a shared driveway. This is shared with one other private property. The owners of the other property bought their freehold and now dictate that only we, the occupants are allowed to drive across their private land (the shared driveway), and no other vehicle has permission. In fact, the neighbour has been verbally abusive to visitors to our property, drivers of service vehicles, and even an emergency paramedic! The neighbour also frequently restricts our access several times a day by taking advantage of the 10 minute unloading rule outside his property, and we must wait if we want to enter or exit.
We have parking on our land for up to 5 vehicles but the neighbour says we do not have a right to allow anyone else to cross over his private land with a vehicle other than us. Is he right? A police warning about his poor behaviour has had no effect. He thinks he is protected by something legal, although we have right of way in our title deeds.
Please help, it was so blissful before they moved in and imposed restrictions.

[Old_Geezer]

No expert but I think it unlikely one can restrict a driveway that is shared since the other owner may give permission. And as for the other owner having to wait, that beggars belief. Are they the large muscley sort ?

[hellywelly4]

I think you should see a solicitor as soon as you can. This seems to be really unreasonable behaviour.

[bednobs]

i think the rub will be in the actual wording of the covenant in the deeds

[jackthehat]

If the details are as straightforwards as you have given here, then he has *no* right to curtail your *enjoyment* of the legal rights you have over this shared access.
You have 'rights of way' as shown in your title deeds and there is no way that these can be removed without your knowledge/agreement.

Quite how you approach the matter is up to you, but he has fundamentally misunderstood something, somewhere and legally has no legs to stand on.

[KARL]

If your title deeds state a right of access then that would need to be mirrored in the other title deeds to be enforceable. On the assumption that there is an office somewhere where both title deeds are registered then I would suggest you take yourselves there and buy a copy of the other (both if you do not have a copy of your own - actually, better both because then you have a copy of what is registered). Be prepared for having to wade through quite a lot of legalese, but generally anyone with a good command of the language can extract the salient bits. If the other title states that they must provide or allow (the two are not the same - the first can infer maintenance to an acceptable degree) access then that access is not restricted to you alone but includes anyone wanting to get to your property unless it expressly states otherwise. If their deeds do not have your right of access stated but yours do, then that is a matter of, in effect, a conflict in law (the lawyers and/or the registry messed up). If no right of access is stated in either registered version, then I am afraid you are in trouble because then you would need to take the thing to court to try to establish a right of access as a matter of necessity (strictly good lawyer stuff). Unfortunately, while I believe that 90+% of humanity are perfectly decent people, the odd percent exist that are simply unpleasant or worse. What you describe is in my opinion plain bullying and entirely unnecessary whether you have a genuine right to access or not - I cannot see that they gain anything from their behaviour other than ill feeling. You need to be patient in dealing with this and never overstep your rights - assemble your argument quietly and then seek legal advice before proceeding to full blown court dispute - ideally after presenting (a copy of) your argument courteously to the other party. One of your items should be a very detailed diary, preferably daily over two or more months (six months would be excellent). One would hope your neighbours will ultimately see the sense in being amicable, or at least civil and reasonable but a few people are inclined toward disputes and that is simply their nature. Such people sometimes appear to be constantly coiled in order to go on the offensive at the slightest (sometimes made-up) opportunity - sad sorts.

[Wak]

I could be wrong on this but doesn't buying your Freehold just mean that you now own the piece of land that your house is stood on instead of paying rent to the original owner for 999 years or so??
I can't see it that this fact would legally alter any previously agreed rules/laws about existing Rights of Way above ground which will be stated in the house Deeds.
Also, If you are still paying your ground rent then it must still cover your Rights of Way to use the drive as originally agreed.
We have a back alley running between two rows of houses and our deeds state that we may Pass and Re-pass without hindrance with any horse, waggon, cycle, car or any other vehicle at all times. This keeps the alley permanently free of any blockage.
As previously suggested, you need a solicitor to sort this out once and for all times.
Best of Luck.

[chas2008]

he needs to produce the 'something legal' before he can enforce anything...

[tamborine]

call the cops, neighbor is disturbing the peace. Cops can demand he shows evidence for denying your access.

[KARL]

I have an awful feeling the police will not be willing to be drawn into this one beyond politely asking the neighbour to co-operate. If the drive is bordered on one side by your land then presumably, in the worst case, you have an option of creating a drive on what is legitimately your garden - although that may be precisely what the neighbour is trying to bring about.

[sallybb]

Is it possible that not only has he bought the freehold for his property but also yours and/or the shared driveway, so he feels he has the right to dictate. Is it worth contacting the person you are paying ground rent to to find out what exactly freehold your neighbour owns.
Is there a possibilty that some time in the future you may be able to purchase your freehold.