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Dispute over driveway

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  • moneyistooshorttomention
    moneyistooshorttomention Posts: 17,940 Forumite
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    davidmcn wrote: »
    Whatever may have been muddled up by the solicitors, who has ownership and who has right of way is kind of academic - neither of you has the right to obstruct the other. The owner can't do much with their ownership if they have to keep the driveway clear.

    Very true.

    Presumably, even if they wish to ignore the fact they arent allowed to park in a way to block your ROW - logic would soon tell them that, if you drove back home in your car and were unable to drive through into your own drive, then you would just park your car immediately behind their vehicles - thus rendering them unable to get out......

    So any such (blocking) parking wouldnt be likely to happen very often before they realised...and stopped doing so.

    At least you now know what to say to LL when he comes round, ie words to effect of "Apologies for this situation having arisen. Our vendors misled us. We honestly believed it was our drive - because our vendors had 'mistakenly' told us so". Hopefully the chat will be perfectly friendly - GM's cakes come to mind. In the course of the chat - it emerges that you do have the ROW and ROWs cannot be blocked. Then hand them another slice of cake....
  • Cakeguts
    Cakeguts Posts: 7,627 Forumite
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    OP that tree that is positioned on the corner of you lawn. Do you know why it is there? Do you also know why there is a low wall around the small garden opposite?

    Have a think about how you get to and from that garage. If you want to use the garage you either have to reverse down the drive into it or drive in forwards and reverse down the drive because there isn't anywhere to turn round. Unless you drive in forwards and reverse down the drive and turn round on your driveway?
  • moneysaver12
    moneysaver12 Posts: 2,027 Forumite
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    Cakeguts wrote: »
    OP that tree that is positioned on the corner of you lawn. Do you know why it is there? Do you also know why there is a low wall around the small garden opposite?

    Have a think about how you get to and from that garage. If you want to use the garage you either have to reverse down the drive into it or drive in forwards and reverse down the drive because there isn't anywhere to turn round. Unless you drive in forwards and reverse down the drive and turn round on your driveway?

    I don't know why the tree is there and don't know why the wall is there. I have to reverse on to the drive at a angle as my husband parks on the drive next to my car. It does make it harder having the tree there. If a car was parked next to the tree. It would make it hard for me to reverse on to my drive.
    Married 09/09/09
  • Cakeguts
    Cakeguts Posts: 7,627 Forumite
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    edited 19 March 2017 at 5:19PM
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    moneysaver12 wrote: »
    I don't know why the tree is there and don't know why the wall is there. I have to reverse on to the drive at a angle as my husband parks on the drive next to my car. It does make it harder having the tree there. If a car was parked next to the tree. It would make it hard for me to reverse on to my drive.

    The tree is there to stop people from crossing your garden at an angle and using it as a turning space for someone reversing down the drive from the garage. Previous owners of the house next door the one with the garage have found getting into the garage a problem. There is nowhere to turn round. Most people I would expect will drive up the driveway forwards towards the garage. That means that they will have to reverse down. But it would be really convenient to turn round on next doors (yours drive) but as you have noticed the turning is tight. It is less tight if you reverse over that part of the garden. So it would always be churned up.

    The little garden with the wall opposite has the soil higher than the damp proof course on their house so that originally would have probably been just gravel. But as gravel it would also be available for either parking on or driving over when turning round so now it has a wall to stop cars from going onto it. None of this affects you because you have space to get in and out. It only affects the people who have the garage because there is nowhere to turn the car round after you have come out or gone into the garage. You have to come out of the garage in the opposite direction to the one that you went in at because there is nowhere to turn round. A previous owner of your house has planted that tree there to stop people from driving over the corner of your lawn.
  • moneysaver12
    moneysaver12 Posts: 2,027 Forumite
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    That makes sense cakeguts. I did wonder why there was a tree there. I think it will have been the first owners. We are the third owners.
    Married 09/09/09
  • teddysmum
    teddysmum Posts: 9,471 Forumite
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    It's as well that you don't own most of the drive, as you can't use it, but would have been responsible for maintenance. (90% of the houses on our 1970s estate have had the drive resurfaced ; the rest need theirs doing as the surface has broken up over the years and looks unsightly.)
  • moneysaver12
    moneysaver12 Posts: 2,027 Forumite
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    Update

    Landlord who owns next door came round and spoke to my husband. Turned out his solicitor had not given him correct information. The solicitor had printed the plan off and photo copied it which led to the hatched area been missed off his plan. He said that no one is allowed to park in the hatched area. That the tenants can only park one car on the drive outside the garage.

    At least now we all know where we stand and we know we are not going to have problems parking on our drive.

    I've called solictors and requested that they look in to why we were given wrong information. Waiting for them to phone back with an appointment.
    Married 09/09/09
  • Davesnave
    Davesnave Posts: 34,741 Forumite
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    Thanks for the update.

    So there is no dispute and it's a matter of mis-communication. Good result.
  • moneyistooshorttomention
    moneyistooshorttomention Posts: 17,940 Forumite
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    Davesnave wrote: »
    Thanks for the update.

    So there is no dispute and it's a matter of mis-communication. Good result.

    ...and you now know that if you decide to remove that tree at any point = you'd better put something else hefty there instead to stop anyone from the other house using your garden as a road turning head.
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