neighbours withdrawing guests access through shared drive

[Nick2139]

Hi have been a host of a airbnb annex room for 2 years. Today my neighbour tells me that I am not legally allowed to do this because to access our house and the airbnb annex we have to drive through a driveway that he owns but must give me access to my property. He is saying he is legally only permitted to allow access to one household and not the airbnb guests. He is concerned of increased traffic through the driveway which crosses his property. This is the only access to the property. We are surrounded by fields. What should i do? Thanks Nick

[Emiel1]

@Nick2139 

It depends on how this "right of way" has been worded in the legal documents.

So some investigation to do ....

[Nick2139]

Thanks for reply according to his deeds it says he "only has to give access to one household "and by having guests we are breaking with this agreement. I don't want to start demanding I see his deeds just yet. But maybe I will have to.

[Emiel1 · Accepted solution]

@Nick2139 

I do not know how such legal documents are registred in the UK.

In my country we call them erfdienstbaarheid (UK "easement" ? ) and they are registred at the kadaster (UK "HM Land Registry" ? ). On request our kadaster can do an (payed) investigation, maybe such an investigation is also possible in the UK ?

BTW

Providing paid accommodation can be seen as a commercial activity, such use of way is usually not part of a "right of way" agreement.

[Elena87]

@Nick2139 

This has got seek professional legal advice written all over it.

[Nick2139]

Thanks Elena I agree this needs legal advice. Have blocked my future bookings for a while until I find the best way forward. Thanks again

[Anonymous]

@Nick2139   If access to your own parcel is controlled by another homeowner, the terms of this arrangement should have been stipulated in your own documents. But there might be some ambiguity in the question of whether your annex constitutes a separate "household" from yours. 

Would it be possible for you to have a lawyer contact the neighbor on your behalf and examine the documents independently?  It's expensive, but if you can't reach a formal agreement with this neighbor, you'll always be stuck with the possibility that he can block guests from accessing the property on a whim or otherwise create an inconvenience that ruins their stay. I can only recommend doing Airbnb rentals when all the loose ends with the community are tied up.

[Nick2139]

Thanks Andrew I agree this needs legal advice. Have blocked my future bookings for a while until I find the best way forward. Thanks again

[Mike-And-Jane0]

@Nick2139 You need to read your deeds. They will define the access rights you have.

[Linda108]

@Nick2139   While you are sorting out the shared access to the unit , perhaps you can change your listing to a private room.  Then the guest would be met by you at check in and taken to the room just as if it were a guest room in your house.  A bit more inconvenient, but the guest still gets the benefit of a self contained room.  Do you think this might work?