Shared driveway dispute
homesandcastles
Posts: 2 Newbie
Hi,
We have a problem with access to the driveway of my late mother-in-laws property. The driveway leads up to two properties, with a split at the top one leading to ours the other to our neighbours. The driveway has a right of easement for both properties. Each house has parking for 4 cars. Because our property is unoccupied while we have been sorting out the estate and trying to sell it, our neighbours have been parking on our drive and also down the access driveway, frequently there are up to 12 cars parked there making it impossible to reach our property. Despite frequent appeals to the neighbours and constant promises that it won’t happen again they still continue to block the drive. We have had one offer on the property retracted and this week 4 viewings cancelled on the fact that the driveway is a problem.
What are our options? We don't really want to go down the legal route but itis making it incredibly difficult to sell the house?
We have a problem with access to the driveway of my late mother-in-laws property. The driveway leads up to two properties, with a split at the top one leading to ours the other to our neighbours. The driveway has a right of easement for both properties. Each house has parking for 4 cars. Because our property is unoccupied while we have been sorting out the estate and trying to sell it, our neighbours have been parking on our drive and also down the access driveway, frequently there are up to 12 cars parked there making it impossible to reach our property. Despite frequent appeals to the neighbours and constant promises that it won’t happen again they still continue to block the drive. We have had one offer on the property retracted and this week 4 viewings cancelled on the fact that the driveway is a problem.
What are our options? We don't really want to go down the legal route but itis making it incredibly difficult to sell the house?
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Comments
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Perhaps a legal route style letter will be sufficient (without actually going down the legal route) to make sure it doesn't happen again!MFW: Nov 2008 £156k, Jun 2015 £129k, Jun 2017 £114k.0
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I know its a shared drive, but is it not wide enough to be split?0
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You need to be aware that if you escalate this in any way, then when you come to sell the house there will be a question in the "enquireis before contract" asking if there is any dispute with any neighbours over access or boundaries. You will have to answer that honestly, otherwise, if the buyer subsequently has trouble with that neighbour and discovers there's history, whether related to this issue or not, you're open to being sued by them.
So, as suggested, it would be far better to start by trying to resolve this amicably and without recourse to letters, from solicitors or otherwise.Optimists see a glass half full
Pessimists see a glass half empty
Engineers just see a glass twice the size it needed to be
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buy a/some bangers to fill the drive?0
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What on earth are they doing with 12 cars??Mortgage | £145,000Unsecured Debt | [strike]£7,000[/strike] £0 Lodgers | |0
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The driveway is only one car wide so when there are cars parked you can't get past.
they have three teenagers who have there own cars and then when there friends turn up in their cars they just park where they like. there is plenty off on road parking but that would mean having to walk an extra 30ft.0 -
homesandcastles wrote: »The driveway is only one car wide so when there are cars parked you can't get past.
they have three teenagers who have there own cars and then when there friends turn up in their cars they just park where they like. there is plenty off on road parking but that would mean having to walk an extra 30ft.
Can you extend the drive sideways into your garden?0 -
Why not get the EA to inform potential buyers/viewers that you do have rights to the property re parking etc but, while the house has been unoccupied, you have given VERBAL permission to your neighbour to use your drive for parking to give the impression that the house IS occupied.Don't put it DOWN; put it AWAY"I would like more sisters, that the taking out of one, might not leave such stillness" Emily Dickinson
Janice 1964-2016
Thank you Honey Bear0 -
Just block the drive with your car or an old second hand one to see how they like it.Feudal Britain needs land reform. 70% of the land is "owned" by 1 % of the population and at least 50% is unregistered (inherited by landed gentry). Thats why your slave box costs so much..0
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Why not get the EA to inform potential buyers/viewers that you do have rights to the property re parking etc but, while the house has been unoccupied, you have given VERBAL permission to your neighbour to use your drive for parking to give the impression that the house IS occupied.
So you're advising the OP to lie then?
Edit - actually that's a bit harsh - I guess your suggesting he gets the EA to lie, which is their stock in trade anyway. I suppose that's more acceptable.Optimists see a glass half full
Pessimists see a glass half empty
Engineers just see a glass twice the size it needed to be0
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