Neighbours are trying to nick/adopt/acquire shared space

Neighbours are trying to nick/adopt/acquire shared space

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Discussion

Hoofy

76,253 posts

281 months

Thursday 12th January 2017
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biggrin Nice one. They should have been more pleasant.

Andehh

7,107 posts

205 months

Thursday 12th January 2017
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Whether right or wrong, don't look to escalate/start getting caught up on principles. Always try to resolve these things amicably as life is too short & like arguing with an idiot, they will drag you down to their level and beat you with experience!

I would simply ask them if they still have the gate, as you have noticed people walking where they shouldn't and agree they were right with it being a nuscience. If they say they don't then I'd use that as an opportunity to casually mention you will look to replace it & no worries on them covering the cost?

Have you got any photos just to give us an idea of how much of a dispute this really is? The photo you linked doesn't really show much.

ozzuk

1,173 posts

126 months

Thursday 12th January 2017
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Did they put the gate in originally? If so, then possibly the same as a fence on a shared boundary they own the actual gate (not the gateway) - so they can remove it if they want.

As its shared you may need their agreement to put a gate back in, but I'm not as sure on that one.

Joe M

665 posts

244 months

Thursday 12th January 2017
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Sounds like the situation has been resolved nicely to me, you pointed out that you own half, they have backed down. If the gate doesn't bother you, I would leave it at that unless they start playing up again.

strath44

1,358 posts

147 months

Friday 13th January 2017
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hmm sounds like you got off pretty lightly they could easily have just ignored that and carried on with the status quo.
Sounds like they aren't that bright; I imagine a conversation at a pub somewhere "yeah mate just park a spare car on the land as much as you can and waste loads of time inconveniencing yourself that will convince anyone you own it"..........

g7jtk

1,756 posts

153 months

Saturday 14th January 2017
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Shouldn't the shared part of the driveway be kept clear at all times to allow access for either party.
Is it shared ownership or shared access?

PositronicRay

26,957 posts

182 months

Saturday 14th January 2017
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Neighbours are funny things, shared parking spaces and driveways often cause friction.

We get on very well with ours, the drive isn't shared but both driveways have a boundary in the middle. When we had them relaid, in conjunction with next door the original design didn't make the boundary clear. The driveway installers (very sensibly) suggested he lay a pattern into the block paving to make it clear.

As he said, you may not always have the same neighbours!

jet_noise

5,630 posts

181 months

Saturday 14th January 2017
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If you wish to spend £5er (or whatever it is now) you can get a copy of your neighbours deeds from, I think, the land registry. May give you more ammo smile

anonymous-user

53 months

Saturday 14th January 2017
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PositronicRay said:
Neighbours are funny things, shared parking spaces and driveways often cause friction.

We get on very well with ours, the drive isn't shared but both driveways have a boundary in the middle. When we had them relaid, in conjunction with next door the original design didn't make the boundary clear. The driveway installers (very sensibly) suggested he lay a pattern into the block paving to make it clear.

As he said, you may not always have the same neighbours!
Similar circumstances to me with the gap in the middle between two drives, when next door had a block paved drive put down the complete gap got used to support the edge of the blocks and filled with gravel. Unfortunately the gravel then extended further up his drive making it all look to be part of his property, this was pointed out that it made it look part of his and should be corrected. This got a shrug of the shoulders and no response on his part, then he put the house up for sale and the whole thing deteriorated very badly. I ended up dumping my house into auction just to get away from the situation.

fido

Original Poster:

16,752 posts

254 months

Saturday 14th January 2017
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Thanks for the replies. I've been recovering from injuries (unrelated to this!) so haven't had time to chase.

The neighbours came around this morning for a chat.

1.
jet_noise said:
If you wish to spend £5er (or whatever it is now) you can get a copy of your neighbours deeds from, I think, the land registry. May give you more ammo smile
They showed me a segment of their Title and agreed on what I stated before - that I actually own half of driveway.

2.
g7jtk said:
Shouldn't the shared part of the driveway be kept clear at all times to allow access for either party.
Is it shared ownership or shared access?
Both are Titles have right of way over the others share of area.
She did not seem to understand RoW as she made a point about saying "but we have RoW over your share".

3. She hinted I was being unneighbourly/forthright about it. I responded that she was wrong to tell me that they owned X when in fact they now agree that they don't. He said they didn't know until I brought it up.

4. I mentioned removal of the gates. He said he had trouble driving past (gates were <2cm thick on either side). Just to add I managed to get a 4x4 through the opening in the fog on many occasions with and without the gates(!) He said he fitted them - I don't know if this is true or not but won't pursue the matter.

5. He then tried to stipulate what was acceptable and I said they should park on their side of the shared area and not impede my RoW. He said I could park on their share with their permission. I said I would have no need to park on his share. I mentioned that I would be happy to split the area with a fence if he wanted to do that.

I left it at that. Still can't work out who is more stupid - his wife is definitely more annoying. My sister, girlfriend, parents all seem to think I should stand my ground on this matter - but they do live in a 'posh' area where most of the neighbours stick to rules fastidiously.


Edited by fido on Saturday 14th January 15:13

motco

15,919 posts

245 months

Saturday 14th January 2017
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It may be easier to regard the whole as split into an infinite number of tiny plots, half which are owned by each party and split like a chequer board. That way there's no "yours and theirs" over which either has solitary jurisdiction.

jet_noise

5,630 posts

181 months

Saturday 14th January 2017
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Do the deeds expand on the RoW e.g. at all times and for all purposes?

fido

Original Poster:

16,752 posts

254 months

Saturday 14th January 2017
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jet_noise said:
Do the deeds expand on the RoW e.g. at all times and for all purposes?
No - just says I have right of way over the northern portion and they have right of way over the southern portion.

Halb

53,012 posts

182 months

Saturday 14th January 2017
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jet_noise said:
If you wish to spend £5er (or whatever it is now) you can get a copy of your neighbours deeds from, I think, the land registry. May give you more ammo smile
Do the land registry have all deeds?

jet_noise

5,630 posts

181 months

Saturday 14th January 2017
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fido said:
jet_noise said:
Do the deeds expand on the RoW e.g. at all times and for all purposes?
No - just says I have right of way over the northern portion and they have right of way over the southern portion.
Poorly drafted. (I sound like a solicitor, I'm not, just an opinionated bloke on the internet)
I've also seen on foot and with vehicles too.
If it said as I've suggested then it helps should things get litigious. But I don't think you're anywhere near or even headed for that.
It rather sounds like Mrs Neighbour thought one way but the docs (of which Mr Neighbour may have found were easier with which to disagree) have confirmed otherwise!

hyphen

26,262 posts

89 months

Saturday 14th January 2017
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fido said:
I mentioned that I would be happy to split the area with a fence if he wanted to do that.
Thats what I would be hoping for.

It all sounds a bit suspect to me, as if they wanted to put in planning permission for something utilising that land.

jet_noise

5,630 posts

181 months

Saturday 14th January 2017
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Halb said:
Do the land registry have all deeds?
If the property is registered then yes. If the property/land hasn't been traded since that requirement was introduced then I don't know.

fido

Original Poster:

16,752 posts

254 months

Wednesday 22nd February 2017
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As an update, I will be chatting to solicitors about this - hoped it wouldn't come to this. I had some more landscaping done to the front garden and they resumed their silly games again the day after. I altered my CCTV to cover the area so it's very obvious. I got annoyed and went round to tell them to desist or I would be going legal. Think I lost my cool a bit and it might be better to communicate via letters from now on. They also now refer to the right of way as 'common' land, which I take as either purposely being obtrusive or they don't understand legal-ese.

hyphen said:
It all sounds a bit suspect to me, as if they wanted to put in planning permission for something utilising that land.
Not sure what plans they have on their side but it they do not like the idea of me getting a second car - can't think of any other reason.

ozzuk

1,173 posts

126 months

Wednesday 22nd February 2017
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Shared drives seems to always cause issues, but then again no-one posts online saying 'I've had no issues with mine'. I've never seen anyone successfully stop someone parking and you can't put a fence up as it would restrict their RoW. Keep in mind you're getting close to having to declare a dispute should you ever wish to sell - and I doubt anyone would buy a house if you told them the neighbour keeps parking on the shared bit.

Good luck, be interesting to hear what the solicitors advice - a letter before action may resolve the situation, but in reality what action would you take?

Hayek

8,969 posts

207 months

Wednesday 22nd February 2017
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Buy a banger, sorn it and leave it where they like to put their car on the 'common land'. Or maybe hire a skip and leave it there.