Shared Driveway Law?
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[Deleted User]
Posts: 0 Newbie
Hi,
We are a home owner with a shared drive. The neighbour is letting and we know the landlord. Located in Salford.
The problem is that are neighbour keep blocking the driveway that we need to be kept clear for are work e.g. unloading and then it gets moved back onto the road (2h tops). We only need to once or twice a week and sometimes more depending on how busy we are.
She has been blocking it with a full sized football net, kids toys and her or friends car parked over. This means every time we need access to the drive we need to move all her stuff to get access or knock on to ask here to move it. She has on two occasions parked over and gone out for the night.
We have asked her to keep it clear but she is not the type of person that take rules that well and does it more. for example - Her other neighbour was have a lot of work done on the room so she told her it would be best to close the windows because of all the dust. She then goes to open all the windows.
My question is, what can I do with in the law ?
This is turning into a nightmare and it is coursing a lot of stress. We have had many neighbour none have been anyway near as bad has she is. Please help!
We are a home owner with a shared drive. The neighbour is letting and we know the landlord. Located in Salford.
The problem is that are neighbour keep blocking the driveway that we need to be kept clear for are work e.g. unloading and then it gets moved back onto the road (2h tops). We only need to once or twice a week and sometimes more depending on how busy we are.
She has been blocking it with a full sized football net, kids toys and her or friends car parked over. This means every time we need access to the drive we need to move all her stuff to get access or knock on to ask here to move it. She has on two occasions parked over and gone out for the night.
We have asked her to keep it clear but she is not the type of person that take rules that well and does it more. for example - Her other neighbour was have a lot of work done on the room so she told her it would be best to close the windows because of all the dust. She then goes to open all the windows.
My question is, what can I do with in the law ?
This is turning into a nightmare and it is coursing a lot of stress. We have had many neighbour none have been anyway near as bad has she is. Please help!
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Comments
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And your campaign is....?0
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Are you running a business from home?All shall be well, and all shall be well, and all manner of things shall be well.
Pedant alert - it's could have, not could of.0 -
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The law is as is written in your deeds, restrictions, covenants.
I'd imagine that in the main the driveway is not "shared" but owned by one person with the other having rights over it.
With such a "shared driveway" it might be that both people own half each, up to the middle point.
So, firstly, do you own the full length/width, do you own up to the mid point, or is there something else written in the paperwork when you bought it that indicated something else/different was in place.
Having established who owns each square foot of it .... the other person will have rights of what they can/cannot do over it.
In short, in the main, one'd expect people to be able to either just walk over it (carrying goods, bins, deliveries) ... or to be able to drive over it with a vehicle.
They'd not have rights to dump kids' toys, let kids play there, park cars there etc.
If they had the occasional delivery and if you were inconvenienced a little by that occasionally then you'd "let it go".... as reasonable people would.
So, firstly you need to read your paperwork and understand/check the diagram of the plan to establish who actually owns each part of it. Then read the 3-4 paragraphs about what can pass over it.
In a perfect world .... the space would be 100% free of anything and anybody 99% of the time, except when somebody were exercising their right to walk/drive (as appropriate) over the land solely to get to a rear space/gate/access/door to their house .... no loitering, no playing, no parking.
In the real world we'd accept that sometimes people do have a short delivery, or something else irregular occurring.
But you appear to live next door to somebody taking the mick.... so you need to get out your paperwork and understand fully your documentation, rights and responsibilities. If you don't know exactly what's right/not, then you can't wave the relevant page under a nose if challenged to "prove it" ... so get your story straight/correct. Then go in
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Hello PasturesNew,
Thanks for the information. I have just been looking at the deeds and it say that its slip 50/50 to the middle point. You can only use it for getting access to the gauge and walk across for access etc.
Other problem is that she blocks access by putting her car across the drive on the public road. Its as dropped kerb but its shared drive, so I am unsure where the law is on this. Any help on this would be much appreciated.0 -
Contact your local council and explain that the problems are preventing you from storing your business stock .0
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Contact the landlord and explain the problem to them.The neighbour is letting and we know the landlord.0 -
The usual practice is that if you own half of the drive you have a right of access to the half you do not own. Worth checking that point but it would be strange if it were any other way.
A right of access in this case means that you cannot obstruct your side and they cannot obstruct theirs. If you have tried speaking to the tenant speak to the owner/landlord as they will almost certainly have something in the tenancy agreement about this.
But remember you have no more right to park on a shared drive than they do. So if you unload while parked on the shared drive you cannot use the argument its only for an hour.
Obstruction of driveway on the road is a matter for the local authority.Few people are capable of expressing with equanimity opinions which differ from the prejudices of their social environment. Most people are incapable of forming such opinions.0 -
I have read on here that there is no legal redress over blocking access to a private drive. only to blocking access to the road rom the driveway
Your neighbour could be annoyed about you blocking the drive for an hour and taking her own action.0 -
Hello all, Just an update -
The kids still going on the garden to get the ball, the ball has hit the windows number of times and arguments with neighbour (well her shouting at us and telling us she can do anything se wants).
Spoken to landlord and explained all the problem. They said "kid will be kid and they only want to play football". They have talked to her but nothing will change.
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Note: She uses the driveway more that us with football and kid playing.0
This discussion has been closed.
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