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Dispute over driveway

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  • gettingtheresometime
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    Fosterdog wrote: »
    Would all of this be solved if everyone just parked in their garages instead of on the drives? Isn't that what a garage is for? I wouldn't mind betting everyone involved tells their insurance companies that they park in the garages to keep premiums down.

    Or each household only owned 1 car.
  • JP1978
    JP1978 Posts: 527 Forumite
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    Hi one of my neighbours used to be a conveyancing solictor. She offered to look at the paper work for me. She found that the drive does belong to next door, but we do have right of way on to our drive. At least it is solved now. Just wish the solictor we had, had given us right information and same with the seller who also said we owned it.

    Thankyou everyone for your help.

    I would speak to neighbour (or the LL) and apologise, citing that your solicitor had told you wrong and you thought that it best you be sure, so you all know where you stand.

    I would also suggest that you come to an agreement that you paint an 'imaginary line' from the right edge of your driveway across the neighbours access driveway and ask them kindly not to park on there as it limits your access / egress - I would go further to say though that if they are having a party or visitors around at xmas etc, that you may be able to assist in moving your vehicle to the left of the driveway making it easier for access / egress.

    We are a row of three houses with a shared driveway (we have the least use of it as we are adj to the road) - knowing our immediate neighbours were having 16 people at xmas lunch and we would be out that day - we made sure that one car was in our garage and the other was out the way and told the neighbours to use our driveway for any additional cars. Be reasonable and helpful to others and 99% of the time, they will be back to you
  • DaftyDuck
    DaftyDuck Posts: 4,609 Forumite
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    Everyone buying a house needs to remember, their solicitor is unlikely to see the property on the ground in person. He relies on the buyer to confirm the plans he provides agree with what you think you are buying. In this case, the OP appears to have believed the information the previous vendors (allowing for the builder to be the actual vendor) had provided on their paperwork.

    Did the builder in question actually state any of these details tobe true and correct?
  • moneyistooshorttomention
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    There are often questions that it becomes clear after the event that the solicitor could/should have asked. In this case:

    - who owns the driveway?
    - is there a ROW across the driveway?

    If a group of people on a forum can find out/get details and photos etc - then a solicitor nearby and trained/supposed to be trained legally is all the more able to look at plans and photos and ask appropriate questions.
  • moneysaver12
    moneysaver12 Posts: 2,027 Forumite
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    DaftyDuck wrote: »
    Everyone buying a house needs to remember, their solicitor is unlikely to see the property on the ground in person. He relies on the buyer to confirm the plans he provides agree with what you think you are buying. In this case, the OP appears to have believed the information the previous vendors (allowing for the builder to be the actual vendor) had provided on their paperwork.

    Did the builder in question actually state any of these details tobe true and correct?

    It was the people that owned the property before it was sold to the builder who filled the forms in. They had lived here for 10 years.
    They said the boiler was working fine. Which it wasn't. Left a really dirty living room carpet. Living room door was hanging off. Tap loose. Hole in one door. They were meant to make sure everything was OK before they moved out. Don't think they cared in the end. They even told us when we viewed the property that the drive was theirs.
    Married 09/09/09
  • moneysaver12
    moneysaver12 Posts: 2,027 Forumite
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    JP1978 wrote: »
    I would speak to neighbour (or the LL) and apologise, citing that your solicitor had told you wrong and you thought that it best you be sure, so you all know where you stand.

    I would also suggest that you come to an agreement that you paint an 'imaginary line' from the right edge of your driveway across the neighbours access driveway and ask them kindly not to park on there as it limits your access / egress - I would go further to say though that if they are having a party or visitors around at xmas etc, that you may be able to assist in moving your vehicle to the left of the driveway making it easier for access / egress.

    We are a row of three houses with a shared driveway (we have the least use of it as we are adj to the road) - knowing our immediate neighbours were having 16 people at xmas lunch and we would be out that day - we made sure that one car was in our garage and the other was out the way and told the neighbours to use our driveway for any additional cars. Be reasonable and helpful to others and 99% of the time, they will be back to you

    I will explain to landlord that we had been given wrong information. There is no way we can move our cars more to the left. Next door on the otherside have two cars and a van. They park one car right on the peebles. Not ideal as it makes it harder for my husband to get on our drive as we have to reverse at a angle. Bit nothing we can do as they are parked on their property.
    Married 09/09/09
  • glasgowdan
    glasgowdan Posts: 2,967 Forumite
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    Bottom line is you knew there could be parking issues when you bought this place.

    The only reasonable thing is that the neighbour can park in front of their garage, but not a second car behind it as that would obviously block you. Unless you think you own the driveway right up to their garage door?
  • moneysaver12
    moneysaver12 Posts: 2,027 Forumite
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    glasgowdan wrote: »
    Bottom line is you knew there could be parking issues when you bought this place.

    The only reasonable thing is that the neighbour can park in front of their garage, but not a second car behind it as that would obviously block you. Unless you think you own the driveway right up to their garage door?


    We didnt think there would be parking issues. We knew we could park on our drive. Was told we owned the other drive and could park on it. We don't park on the second drive aa it would block access. Now we find out that we don't own the drive.

    By looks of it and I might be wrong. The new neightbours have a van and a car. If that is the case . A van and car will not fit on the drive as it would then block our drive. Will know when they actually move in.
    Married 09/09/09
  • davidmcn
    davidmcn Posts: 23,596 Forumite
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    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.
  • Norman_Castle
    Norman_Castle Posts: 11,871 Forumite
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    By looks of it and I might be wrong. The new neightbours have a van and a car. If that is the case . A van and car will not fit on the drive as it would then block our drive. Will know when they actually move in.
    Ask the landlord to make it clear they cannot block your access. There is parking for more than one car if they park at the front of their house.
    It would be more practical if that property didn't have a garage. This would give them usable space to park.
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