Shared Driveway Legal issues.
Discussion
Right where do i start on this one?
I have recently moved into a newish property, and we knew that there was a shared driveway at the property, but during the last month or so things have been getting worse in relation to the usage and access to my property.
The driveway can accomodate 6 cars in total 4 on my allocated side and 2 on the neighbours side. This is because the Drive is on a Curve. We have been allocated the outer edge the neighbour the inner edge.
The reason the drive is shared access is they need to cross our drive to gain access to there property.
I have no problem with delivery drivers using my side of the drive for quick deliveries etc. But the problem is when they have people coming over to stay for the evening or at weekends i have no way of leaving in my car or when i get back i am unable to get access to my property or drive into my garage.
But what is most annoying we have a 80 car council car pak 10 yards away from the houses which is free of charge which they refuse to use.
I also have issues with the number of people visiting duing the week evening for there home run business, which is impacting on us.
I have tried talking to them but they seem to refuse to solve the situation by not blocking my driveway access.
My first instance is to write them a letter to ask them to stop stating certain parts of the deeds which they are breaking.
But what would be my next plan of attack? if this problem persists!
Thanks
I have recently moved into a newish property, and we knew that there was a shared driveway at the property, but during the last month or so things have been getting worse in relation to the usage and access to my property.
The driveway can accomodate 6 cars in total 4 on my allocated side and 2 on the neighbours side. This is because the Drive is on a Curve. We have been allocated the outer edge the neighbour the inner edge.
The reason the drive is shared access is they need to cross our drive to gain access to there property.
I have no problem with delivery drivers using my side of the drive for quick deliveries etc. But the problem is when they have people coming over to stay for the evening or at weekends i have no way of leaving in my car or when i get back i am unable to get access to my property or drive into my garage.
But what is most annoying we have a 80 car council car pak 10 yards away from the houses which is free of charge which they refuse to use.
I also have issues with the number of people visiting duing the week evening for there home run business, which is impacting on us.
I have tried talking to them but they seem to refuse to solve the situation by not blocking my driveway access.
My first instance is to write them a letter to ask them to stop stating certain parts of the deeds which they are breaking.
But what would be my next plan of attack? if this problem persists!
Thanks
I had a similar problem with a neighbour a few years back and they refused to stop it happening said i was moaning over nothing which got my back up. To sort this i stopped speaking and did everything by letter always recorded even though they lived next door and after advice from my solicitor reported them to the council for running a business from home resulting in excessive traffic i was left with no option after they refused to sort it. The council agreed and served them with intention to prosecute if the problem didn't stop they soon changed there tune. I was advised to go to the police but thought a bit harsh but spoke to a copper friend who said it's more civil matter but if cars keep coming late at night they can do something for breach of peace hope it helps and good luck
magicofmotors said:
I had a similar problem with a neighbour a few years back and they refused to stop it happening said i was moaning over nothing which got my back up. To sort this i stopped speaking and did everything by letter always recorded even though they lived next door and after advice from my solicitor reported them to the council for running a business from home resulting in excessive traffic i was left with no option after they refused to sort it. The council agreed and served them with intention to prosecute if the problem didn't stop they soon changed there tune. I was advised to go to the police but thought a bit harsh but spoke to a copper friend who said it's more civil matter but if cars keep coming late at night they can do something for breach of peace hope it helps and good luck
Its is just annoying and now there kids have taken to riding there little scooter things around my car and onto my land.......
The thing is that this is not an area where i thought this would have happened as people are quite well off and have worked hard for what they have. But this is just taking the pi55.
Me and the wife have thought that is it the neighbours trying to push the boundaries of what they can do because they have been here longer. But i have worked my ar5e off getting the house i want and no one is ruining my enjoyment.
But now i am thinking why the neighbour on the otherside is putting up a 8-9 foot fence.
iknow what you mean my neighbours were not what you expected when i moved in to what was classed as a nice quiet area seems some people inherit money and bring the scum along with them i'd personally get one of those mosqueito alarms that send out high pitches that only kids can hear they'll soon clear off then lol
stevieb said:
Right where do i start on this one?
I have recently moved into a newish property, and we knew that there was a shared driveway at the property, but during the last month or so things have been getting worse in relation to the usage and access to my property.
The driveway can accomodate 6 cars in total 4 on my allocated side and 2 on the neighbours side. This is because the Drive is on a Curve. We have been allocated the outer edge the neighbour the inner edge.
The reason the drive is shared access is they need to cross our drive to gain access to there property.
I have no problem with delivery drivers using my side of the drive for quick deliveries etc. But the problem is when they have people coming over to stay for the evening or at weekends i have no way of leaving in my car or when i get back i am unable to get access to my property or drive into my garage.
But what is most annoying we have a 80 car council car pak 10 yards away from the houses which is free of charge which they refuse to use.
I also have issues with the number of people visiting duing the week evening for there home run business, which is impacting on us.
I have tried talking to them but they seem to refuse to solve the situation by not blocking my driveway access.
My first instance is to write them a letter to ask them to stop stating certain parts of the deeds which they are breaking.
But what would be my next plan of attack? if this problem persists!
Thanks
I have recently moved into a newish property, and we knew that there was a shared driveway at the property, but during the last month or so things have been getting worse in relation to the usage and access to my property.
The driveway can accomodate 6 cars in total 4 on my allocated side and 2 on the neighbours side. This is because the Drive is on a Curve. We have been allocated the outer edge the neighbour the inner edge.
The reason the drive is shared access is they need to cross our drive to gain access to there property.
I have no problem with delivery drivers using my side of the drive for quick deliveries etc. But the problem is when they have people coming over to stay for the evening or at weekends i have no way of leaving in my car or when i get back i am unable to get access to my property or drive into my garage.
But what is most annoying we have a 80 car council car pak 10 yards away from the houses which is free of charge which they refuse to use.
I also have issues with the number of people visiting duing the week evening for there home run business, which is impacting on us.
I have tried talking to them but they seem to refuse to solve the situation by not blocking my driveway access.
My first instance is to write them a letter to ask them to stop stating certain parts of the deeds which they are breaking.
But what would be my next plan of attack? if this problem persists!
Thanks
I think before any further action I would check, and double check the exact terms in the deeds. The worst thing to happen would be to use an assumed fact, it be argued, it go on for 6 months only to find that the wording is slightly different.
For example, the 'shared' part is a bit ambiguous. I have been in a similar situation myself, and in that situation there was no further explanation to the 'share'. Thus it might be implied that it should be available for both, and when space runs out allocated 50/50.
This situation will come down to whether the drive is 'shared', or there is a specific line of demarkation on the drive, painted or implied, where one side belongs to you and the other belongs to them.
If it is the latter, you are in good stead, as although you may have to allow them access, the drive is yours.
Diplomacy is always the best way forward, unless that runs out. Perhaps explain that you need to get in and out of your drive, and although your neighbours may know the rules perhaps casual visitors dont. I would suggest a line of demarkation at the midpoint - or wherever the deeds say the point should be, and perhaps put a chalk line down. If they can keep to that there is no problem, and something as simple as that maight be enough for them to realise when they decide to park on Your Drive that they are indeed doing wrong.
Of course, little ways forward might not work, but my next suggestion if that didnt work would be to put something more permanant on the midpoint. A 3 foot fence would do it, and if you leave a gap they can still have access to their property.
The way we do it, the Conveyance (Title) Plan should show the shared part of the drive tinted (our solicitors normally tint it blue, but I don't suppose it much matters) and this section of the drive is referred to in the deeds as the part to which unhindered access must be maintained.
Normal practice (... though it does depend upon the exact design of the site layout) is to leave at least 5.5 metres as a private parking space in front of the garage (enough for the length of a car, plus space to open the garage door), with the remainder of the drive then being shared access.
Check your title plan and attendant deeds, to see how the plan is coloured up and the title document worded.
Normal practice (... though it does depend upon the exact design of the site layout) is to leave at least 5.5 metres as a private parking space in front of the garage (enough for the length of a car, plus space to open the garage door), with the remainder of the drive then being shared access.
Check your title plan and attendant deeds, to see how the plan is coloured up and the title document worded.
Some points to check
1. where the ownership boundary is. Assuming you both have a freehold title there will be a dividing line between the two - title will not be joint
2. what rights the other property has over your land
3. what rights you have over their land
4. if there are any covenants about not obstructing access
A shared drive will usually only have a right of way over it so parking is technically trespass. Make sure you have the exact wording available before writting letters and, if possible, quote it in your opening correspondence
If you have a right of way over their land then any obstruction gives you the right to seek an injunction. Breach of that is contempt of court for which they can be imprisoned
The important thing is to keep your communication civil and maintain the moral high ground. If it does get to court make sure you are squeaky clean as injunctions are discretionary remedies and you can have difficulties if you are perceived to have contributed to the problem, even if the law is on your side
1. where the ownership boundary is. Assuming you both have a freehold title there will be a dividing line between the two - title will not be joint
2. what rights the other property has over your land
3. what rights you have over their land
4. if there are any covenants about not obstructing access
A shared drive will usually only have a right of way over it so parking is technically trespass. Make sure you have the exact wording available before writting letters and, if possible, quote it in your opening correspondence
If you have a right of way over their land then any obstruction gives you the right to seek an injunction. Breach of that is contempt of court for which they can be imprisoned
The important thing is to keep your communication civil and maintain the moral high ground. If it does get to court make sure you are squeaky clean as injunctions are discretionary remedies and you can have difficulties if you are perceived to have contributed to the problem, even if the law is on your side
Gassing Station | Business | Top of Page | What's New | My Stuff