Building an extension onto Shared Driveway

Building an extension onto Shared Driveway

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Freckle

Original Poster:

10 posts

116 months

Monday 1st September 2014
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All, often find myself on these forums and have valuable insight to many of the daily grind of me and my castle idiots. I think I have the answer but want some reassurance from you guys. lots going on with this one so ill keep it short.....

New neighbour moves in, has tried to take over the entire boundary of his property. The latest concern, an extension, right across his part of the shared driveway at the back. So, he's taken down his garage and built a gate across the shared access bit, we disputed this as it prevents us from doing the same if we wanted to. He has now had plans to extend right across the back of his house, over what would have been the access to his garage. The bare cheek of the man plans to start building work very soon and he's not even told us about the work. He'll be building right up and over the boundary line (boundary being his land, over boundary being the 'shared driveway'). What on earth can I do about it?

Freckle

Original Poster:

10 posts

116 months

Monday 1st September 2014
quotequote all
Wow thanks everyone for your replies. Firstly they did not need planning permission as it's under the 'new permitted development incentive'. We've been told by the council they don't deal with boundary issues. Secondly his deeds states the following under restrictive covenants. "That he will ever afterwards maintain boundary fence highlighted in red, And will it not erect or suffer to be erected at any time on the said premises any building or structure of any kind ( other than a bay window or feature first approved by a surveyor). The land is subject to rights of way, no specific details. This info is on my deeds too. On 1 plan it clearly shows the boundary line right down the middle of the driveway, however,non another plan it shows the boundary around his house only. At the end of the day I'm looking at it for a car perspective. If I was to drive my car down the alley to my garage I would need the space he's building on to manoeuvre my car in my garage. However, it's an Edwardian house so there is no way anyone would ever use it as the alleyway was obviously built with small cars in mind. Nevertheless, in my opinion deeds are there for a reason. If we were to do what they are doing, access for both of us to our garden from the alleyway would be stupid. Plus the guy is a 't&@t and needs taking down a peg or two. Plus there are other aspects to this that I'm afraid to divulge in case he reads it lol.....

Freckle

Original Poster:

10 posts

116 months

Monday 1st September 2014
quotequote all
I have documents from land registry. We don't need to use the land he's building on, merely a 'have you checked you can build on land that doesn't state you have the specific rights to do so scenario' plus when we go out the side we will have to look his extension. It's a bit tit for tat, he's the tit I'm the tat lol.... Basically if it came to it we would not be able to do the same plan if we wanted to as this would adversely impact both properties. Surely if someone wants to change how the land lies effectively rendering the deeds inaccurate that we could have problems down the line if we sell? If we had a mini say and wanted to use the garage we wouldn't be able to, that's not to say new owner of our property would but is that the point, you don't use it so we may as we'll build on it? Damn boundary's.

Freckle

Original Poster:

10 posts

116 months

Monday 1st September 2014
quotequote all
super stuff, it may help to know that the council have confirmed that it is all on his land according to this map, I'm not convinced. I may go back and get them to clarify that actually. He should have definitely served us notice but he's tight as a nats ass (sorry but funny)and wont pay for anything that doesn't directly benefit him. He knows we will get our own surveyor and the other neighbours refuse to use his so he's out of pocket 3 fold. It maybe useful to know that the land lies exactly the shape of a rectangle at the land registry, but, this map shows the land how it looks today.

Freckle

Original Poster:

10 posts

116 months

Monday 1st September 2014
quotequote all
.

Freckle

Original Poster:

10 posts

116 months

Monday 1st September 2014
quotequote all
super advice piglet, that makes sense considering the land registry map and deeds detail (i.e. not being specific with ROW), does my last post, transcript from the deeds help clarify? I'm hoping it's as straight forward as that. All we ask is that he has done his homework and not just decided to build without due consideration to the deeds/property value etc...

Freckle

Original Poster:

10 posts

116 months

Tuesday 2nd September 2014
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Obviously no sense of humour there 'moosey'

Freckle

Original Poster:

10 posts

116 months

Tuesday 2nd September 2014
quotequote all
Thank you piglet. I'm new to the site and there are restrictions on sending emails. Would be so kind to pm and I could reply to that? Very much appreciated