Shared drive, oh the pain
Discussion
I know the best solution is to pay for a solicitor but what I am going to try to do is to get local council as a mediator the issue before spending money on a crazy situation that she believe the large bush on her boundary fence should come under maintenance of the driveway.
Just wanting some non-legal binding advice from a lawyer. April 2024 my neighbour (outlined in red) above ordered a tree guy to trim the tree (£150) highlighted in green (top left) then asked the two other houses to help spread the cost without asking the other two houses prior to agreeing to a contact with a large bay tree/bush. We have a shared access to garages in blue rectangle at end of garden where the share drive is along the left hand side of red property, all fenced off. I am in highlight yellow and other neighbour to the right has share access also. Red house parks her car in share area while I given up back garden to park off blue hatched area.
We are all happy to share the cost of upkeep of gravel driveway but the idea of upkeep of her plants of her plot of land just wrong. I said to her the upkeep of trees on her property do not come under shared driveway upkeep is this correct? Its the way she has handled this is all so petty thing for over a year on after the tree fiasco and has never tried to talk to us just bully via letters.
We both thought this was all finished and we would not talk to each other and let bygones be bygones. But tonight both of other houses had a letter saying she is looking to get payment of contribution towards maintenance. She has hired a solicitor to understand the title register and quoting the 11 October 1963 below, with a summary stating "Please arrange payment for reasonable works previously requested and antisipates further request for contributions to maintenance of the area which permits shared access. Failure to negotiate and agree will result in legal action and further cost."
I have access to both of our deeds and nothing obvious other than the clipped out bit from her deeds below.
A Transfer of land lying to the south east of the land in this title dated 11 October 1963 by Robson and Lawther Limited to John William Jacobs contains
the following covenant by the Transferor:-
"The Transferor for itself and its successors in title hereby covenants with the Transferee and his successors in title:-
(a) to erect forthwith post and wire fences four feet six inches high along all boundaries of the land hereby transferred (The Transferee thence forth to
maintain fences along the boundaries marked "T")
(b) that no part of the said adjoining land of the Transferor shall be used in such a way as to be or become a nuisance damage grievance or annoyance to the Transferee his successors or assigns or their tenants but so that the Transferor shall not remain personally liable hereunder after it shall have parted with all interest in such land."
Where can I find what set out in the covenant mentioned above, was hoping it would be all in the deeds?
Just wanting some non-legal binding advice from a lawyer. April 2024 my neighbour (outlined in red) above ordered a tree guy to trim the tree (£150) highlighted in green (top left) then asked the two other houses to help spread the cost without asking the other two houses prior to agreeing to a contact with a large bay tree/bush. We have a shared access to garages in blue rectangle at end of garden where the share drive is along the left hand side of red property, all fenced off. I am in highlight yellow and other neighbour to the right has share access also. Red house parks her car in share area while I given up back garden to park off blue hatched area.
We are all happy to share the cost of upkeep of gravel driveway but the idea of upkeep of her plants of her plot of land just wrong. I said to her the upkeep of trees on her property do not come under shared driveway upkeep is this correct? Its the way she has handled this is all so petty thing for over a year on after the tree fiasco and has never tried to talk to us just bully via letters.
We both thought this was all finished and we would not talk to each other and let bygones be bygones. But tonight both of other houses had a letter saying she is looking to get payment of contribution towards maintenance. She has hired a solicitor to understand the title register and quoting the 11 October 1963 below, with a summary stating "Please arrange payment for reasonable works previously requested and antisipates further request for contributions to maintenance of the area which permits shared access. Failure to negotiate and agree will result in legal action and further cost."
I have access to both of our deeds and nothing obvious other than the clipped out bit from her deeds below.
A Transfer of land lying to the south east of the land in this title dated 11 October 1963 by Robson and Lawther Limited to John William Jacobs contains
the following covenant by the Transferor:-
"The Transferor for itself and its successors in title hereby covenants with the Transferee and his successors in title:-
(a) to erect forthwith post and wire fences four feet six inches high along all boundaries of the land hereby transferred (The Transferee thence forth to
maintain fences along the boundaries marked "T")
(b) that no part of the said adjoining land of the Transferor shall be used in such a way as to be or become a nuisance damage grievance or annoyance to the Transferee his successors or assigns or their tenants but so that the Transferor shall not remain personally liable hereunder after it shall have parted with all interest in such land."
Where can I find what set out in the covenant mentioned above, was hoping it would be all in the deeds?
Baron Greenback said:
Where can I find what set out in the covenant mentioned above, was hoping it would be all in the deeds?
I don’t think there will be one.Covenants in this context means that your predecessor and others thereafter agree by contract to undertake a) and b).
In relation to the hope that the council will mediate for you, this won’t happen. It’s a civil matter and the council have no legal duty.
Edited by smokey mow on Wednesday 5th March 22:12
Ruskie said:
You need specific legal advice based on the full story, not information from random people on a forum, who may or may not be qualified in this field. These threads never end with a consensus as it’s impossible. Just bite the bullet and see someone.
I know just hate wasting money the thing is later that week she played loud TV till almost 1am and I banged on the wall and she reported me to council for noise pollution and I was told and I was told contact her and they said wait a month and keep diary of noise to see if recording device will be needed. That all was canceled as no issue. I have previous gone over knocked on the door and complained at 2am sometime she just fell asleep and couldnt wake her up, I was too cold and tired so banged on the wall.
C69 said:
Obvious question, do you have legal cover as part of your home insurance?
Oh didn't think this would cover this but will ask.The annoying thing my company is moving up north and they are going to pay all cost to move mid next year. I don't want to say I am having issue with neighbour.
C69 said:
Obvious question, do you have legal cover as part of your home insurance?
worth checking but my experience of this was a complete waste of time. They aren't interested unless you pay for a land surveyor to identify and formally recognise boundaries, and then you need proof via a valuer that your property will be devalued by more that the potential cost of legal action and then a legal opinion that you have more than a 50% chance of success.This was for a builder neighbour who repeatedly left several tonnes of rubbish on our land blocking our access. And for any case, the costs "if it goes to court could be over 6 figures" - each - so I have to have proof that my property is being devalued by over a quarter of a million by his actions before they would even look at the case. despite it being a "slam dunk"
cheaper and les hassle to see a solicitor
ksThe moving house makes it difficult. as you say you don't want to declare a dispute.
Other wise I'd pay, but not before receiving an official solicitor's letter and of course writing back with your point of view asking for clarification. Then maybe string it out for an other letter or two.
The 150 quid she would have had to pay originally will seem a bargain.
Drawweight said:
The moving house makes it difficult. as you say you don't want to declare a dispute.
Other wise I'd pay, but not before receiving an official solicitor's letter and of course writing back with your point of view asking for clarification. Then maybe string it out for an other letter or two.
The 150 quid she would have had to pay originally will seem a bargain.
Other wise I'd pay, but not before receiving an official solicitor's letter and of course writing back with your point of view asking for clarification. Then maybe string it out for an other letter or two.
The 150 quid she would have had to pay originally will seem a bargain.
This, but easier. JUST PAY!
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