Neighbor's Sign on Driveway Sparks Dispute Over Property Rights

A homeowner is facing a dilemma after their new neighbor placed an advertising sign for a mobile hairdressing business on their driveway without permission. The sign, an A-board adorned with artificial flowers, was positioned on the front corner of the homeowner's property, secured with stones in a flower bed against the wall.

The neighbor, who moved in a month prior, has a right of way to access their property via the homeowner's double driveway, as stated in the property deeds. However, this access right does not extend to using the driveway for business advertising.

Legal experts suggest that placing the sign and stones on the homeowner's land without consent likely constitutes trespass. While the neighbor may have a right of way to cross the driveway, this typically does not grant them ownership or the right to use that portion of the land for purposes beyond access, such as displaying a business sign.

One recommended course of action is to have a polite conversation with the neighbor, explaining the issue and requesting the removal or relocation of the sign. Reviewing the property deeds to confirm the exact boundaries of ownership and the scope of the right of way is advisable before this discussion.

If the neighbor refuses to remove the sign, more formal steps can be considered. This could include sending a formal written request or, if necessary, seeking a court order to compel the removal of the sign and stones, as well as the restoration of the flower bed.

The situation also touches upon the potential for excessive use of the right of way. If the business leads to a substantially different or more intensive use of the driveway due to customer traffic, it could be deemed an overstep of the legally granted access rights. The specific wording in the property deeds would be crucial in determining the extent of these rights.

Furthermore, operating a business from home might have planning implications. Depending on the local council's regulations and the nature of the business, planning permission may be required if the home-based operation results in a material change of use, such as increased customer visits or traffic. The advertising sign itself may also require advertisement consent, although some signs have deemed consent unless formally objected to.

While the neighbor may be starting a new business venture, property rights must be respected. The homeowner has the right to protect their property from unauthorized use, even when seeking to maintain good relations with new neighbors. Amicable communication is suggested as a first step, but more formal legal avenues remain available if the issue cannot be resolved through discussion.