Your browser isn't supported
It looks like you're using an old web browser. To get the most out of the site and to ensure guides display correctly, we suggest upgrading your browser now. Download the latest:

Welcome to the MSE Forums

We're home to a fantastic community of MoneySavers but anyone can post. Please exercise caution & report spam, illegal, offensive or libellous posts/messages: click "report" or email forumteam@.

Search
  • FIRST POST
    • moneysaver12
    • By moneysaver12 18th Mar 17, 8:25 AM
    • 2,000Posts
    • 3,210Thanks
    moneysaver12
    Dispute over driveway
    • #1
    • 18th Mar 17, 8:25 AM
    Dispute over driveway 18th Mar 17 at 8:25 AM
    Hi we bought a detached house in December 2016. At the front of our house there is our drive and garden. Then in front of our house there is a drive that stops at next doors garage. Next door is in the corner. On our deeds and the plan shows it too. It says that the drive belongs to us and neighbours have access.

    A person bought the house last month to rent it. Now new tenants are moving in. We asked the letting agents to ask the ll to request thst his tenants don't park on the drive.

    We have been told that the ll thinks he owns the drive. He contacted his solicitor who said there are two different plans for his house.

    Ll is coming to see us on Monday.

    If next door park at the top of the drive it doesn't cause any problems (apart from having to see their car when we look out of living room window ) also if it got damaged we would have to pay for repairs.
    If they another car parks behind their car then it means it's a struggle to get off our drive and we wouldn't be able to get back on the drive. (We have to reverse on to our drive)

    Not sure where we stand
    Married 09/09/09
Page 1
    • moneyistooshorttomention
    • By moneyistooshorttomention 18th Mar 17, 8:33 AM
    • 12,298 Posts
    • 33,481 Thanks
    moneyistooshorttomention
    • #2
    • 18th Mar 17, 8:33 AM
    • #2
    • 18th Mar 17, 8:33 AM
    Personally - I'd take a photocopy of both my modern day Title Plan and the original Deeds and have them ready to give him on Monday.

    Sounds like you've got all the proof you need that the drive is yours.

    What is confusing me is your post is somewhat unclear in a couple of respects. One of them being that you say "our drive and garden" at the front of your house. You also say "Then in front of our house there is a drive that stops at next doors garage".

    Are there two drives?
    ******************
    • jbainbridge
    • By jbainbridge 18th Mar 17, 8:35 AM
    • 1,662 Posts
    • 1,065 Thanks
    jbainbridge
    • #3
    • 18th Mar 17, 8:35 AM
    • #3
    • 18th Mar 17, 8:35 AM
    Perhaps go and buy their plans/deeds from the LR site and see what it actually says.
    • Norman Castle
    • By Norman Castle 18th Mar 17, 8:35 AM
    • 5,806 Posts
    • 4,556 Thanks
    Norman Castle
    • #4
    • 18th Mar 17, 8:35 AM
    • #4
    • 18th Mar 17, 8:35 AM
    He contacted his solicitor who said there are two different plans for his house.

    Ll is coming to see us on Monday.
    Originally posted by moneysaver12
    Ask him to bring both sets of plans. One of them is clearly wrong.

    • moneysaver12
    • By moneysaver12 18th Mar 17, 8:54 AM
    • 2,000 Posts
    • 3,210 Thanks
    moneysaver12
    • #5
    • 18th Mar 17, 8:54 AM
    • #5
    • 18th Mar 17, 8:54 AM
    Personally - I'd take a photocopy of both my modern day Title Plan and the original Deeds and have them ready to give him on Monday.

    Sounds like you've got all the proof you need that the drive is yours.

    What is confusing me is your post is somewhat unclear in a couple of respects. One of them being that you say "our drive and garden" at the front of your house. You also say "Then in front of our house there is a drive that stops at next doors garage".

    Are there two drives?
    Originally posted by moneyistooshorttomention
    Thank you for your help. There are two drives. One drive that is right out side our house. Then the other drive is at the side of it. We have to drive on to this other drive so we can park on the drive right outside our house. Three quarters of the drive run along our property. Then the last quarter is next to the house next door. The last quarter is not big enough for a car to park there with out been partly parked outside our hoyse. Would it help if I posted a link to our house on right move.
    Married 09/09/09
    • AnnieO1234
    • By AnnieO1234 18th Mar 17, 8:59 AM
    • 1,688 Posts
    • 2,519 Thanks
    AnnieO1234
    • #6
    • 18th Mar 17, 8:59 AM
    • #6
    • 18th Mar 17, 8:59 AM
    I get the impression from this it's the same as our set up, although I may be wrong. In that case by "drive" do you mean there is a car port at right angles to the driveway where you park and the neighbours garage faces the driveway at the top of it with the road at the bottom?
    • Davesnave
    • By Davesnave 18th Mar 17, 9:08 AM
    • 22,116 Posts
    • 86,445 Thanks
    Davesnave
    • #7
    • 18th Mar 17, 9:08 AM
    • #7
    • 18th Mar 17, 9:08 AM
    Oh, for goodness sake, put a photo up!

    https://postimage.io/

    I wouldn't ID your house by putting up the Rightmove link.

    However, if you do as jbainbridge suggests and buy next door's title plan from the Land Registry(3) you may get much further with this yourself.

    https://www.gov.uk/get-information-about-property-and-land/search-the-register
    Working subliminally.
    • moneysaver12
    • By moneysaver12 18th Mar 17, 9:11 AM
    • 2,000 Posts
    • 3,210 Thanks
    moneysaver12
    • #8
    • 18th Mar 17, 9:11 AM
    • #8
    • 18th Mar 17, 9:11 AM
    image hosting above 5 mb

    Hope this works
    Married 09/09/09
    • moneysaver12
    • By moneysaver12 18th Mar 17, 9:15 AM
    • 2,000 Posts
    • 3,210 Thanks
    moneysaver12
    • #9
    • 18th Mar 17, 9:15 AM
    • #9
    • 18th Mar 17, 9:15 AM
    images
    Married 09/09/09
    • anselld
    • By anselld 18th Mar 17, 9:20 AM
    • 5,125 Posts
    • 4,660 Thanks
    anselld
    image hosting above 5 mb

    Hope this works
    Originally posted by moneysaver12
    Presumably that is your car parked bottom left and the let property is to the right of the photo?

    Why do you feel you should be able to park on the drive but your neighbours should not?
    • moneyistooshorttomention
    • By moneyistooshorttomention 18th Mar 17, 9:20 AM
    • 12,298 Posts
    • 33,481 Thanks
    moneyistooshorttomention
    1. Whose garage is it in the picture - yours or the neighbours?

    2. In your second photo - is the car I can see yours and sitting on what you refer to as "your drive in front of your house"?

    3. If thats the neighbours garage - where is yours?
    ******************
    • GwylimT
    • By GwylimT 18th Mar 17, 9:23 AM
    • 5,627 Posts
    • 10,489 Thanks
    GwylimT
    Presumably that is your car parked bottom left and the let property is to the right of the photo?

    Why do you feel you should be able to park on the drive but your neighbours should not?
    Originally posted by anselld
    Because OP owns the land according to his/her deeds.
    • Davesnave
    • By Davesnave 18th Mar 17, 9:25 AM
    • 22,116 Posts
    • 86,445 Thanks
    Davesnave
    That's better than the Zoopla link, which gave me access to all the house history with the local planning dept etc!

    It's a very odd set-up, but it looks as if the neighbour also has a parking slot next to their garage too, which they could use, so it ought to be OK if people are considerate.

    But you do need to sort out who owns what, and there cannot be two valid plans unless the drive was sold off to the neighbour, which I doubt.
    Working subliminally.
    • moneyistooshorttomention
    • By moneyistooshorttomention 18th Mar 17, 9:25 AM
    • 12,298 Posts
    • 33,481 Thanks
    moneyistooshorttomention
    Presumably that is your car parked bottom left and the let property is to the right of the photo?

    Why do you feel you should be able to park on the drive but your neighbours should not?
    Originally posted by anselld
    If that's the situation - then it looks as if "drive in front of my house" is just on OPs land and there isnt access over that particular drive to the neighbours house and it is just that houses' drive. It looks as if OP needs to drive over the other drive in order to get to their drive - and hence it cant be blocked or they wouldnt be able to do so.
    ******************
    • moneysaver12
    • By moneysaver12 18th Mar 17, 9:28 AM
    • 2,000 Posts
    • 3,210 Thanks
    moneysaver12
    1. Whose garage is it in the picture - yours or the neighbours?

    2. In your second photo - is the car I can see yours and sitting on what you refer to as "your drive in front of your house"?

    3. If thats the neighbours garage - where is yours?
    Originally posted by moneyistooshorttomention
    The garage is the neighbours. They have a drive right outside their house.


    In the second picture that is my car. Our garage is behind my car.
    Married 09/09/09
    • moneysaver12
    • By moneysaver12 18th Mar 17, 9:36 AM
    • 2,000 Posts
    • 3,210 Thanks
    moneysaver12
    That's better than the Zoopla link, which gave me access to all the house history with the local planning dept etc!

    It's a very odd set-up, but it looks as if the neighbour also has a parking slot next to their garage too, which they could use, so it ought to be OK if people are considerate.

    But you do need to sort out who owns what, and there cannot be two valid plans unless the drive was sold off to the neighbour, which I doubt.
    Originally posted by Davesnave

    I agree it is strange. It's like the builders just shoved a house on the end.

    They do have a drive right outside their house which is within their front garden. It does look like it ishould not the easiest drive to access.

    We can park on this second drive. But we don't as we would have move our car every time our neighbour needed to get to their drive or leave their drive.

    If they park on our drive outside the garage then part of their car is outside our garden. This is where me and my husband are in disagreement. He thinks we should let them park outside their garage as long as they keep to the top so it does not make it difficult for us to access the drive next to our house. Whereas I don't think we should allow any parking.
    Married 09/09/09
    • Norman Castle
    • By Norman Castle 18th Mar 17, 9:37 AM
    • 5,806 Posts
    • 4,556 Thanks
    Norman Castle
    Common sense suggests the area in front of the silver car should not be parked on by anyone as access is required.

    Op, Could the edge of the area needing to be kept clear or preferably the boundary be marked across the driveway with metal studs or inset bricks? This could help prevent future problems.

    Does your boundary follow the line of the fence? If so its not defined as yours at all.

    Personally I wouldn't allow parking there. It would set a precedent which would become an assumed right leading to later disputes.
    Last edited by Norman Castle; 18-03-2017 at 9:46 AM.

    • moneysaver12
    • By moneysaver12 18th Mar 17, 9:40 AM
    • 2,000 Posts
    • 3,210 Thanks
    moneysaver12
    If that's the situation - then it looks as if "drive in front of my house" is just on OPs land and there isnt access over that particular drive to the neighbours house and it is just that houses' drive. It looks as if OP needs to drive over the other drive in order to get to their drive - and hence it cant be blocked or they wouldnt be able to do so.
    Originally posted by moneyistooshorttomention

    We do need to drive on the second drive in order to access the drive that is right outside our hoyse. Like you say the drive can't be blocked as we wouldn't be able to get on our drive. The paper work says that drive is ours and neighbours have access.
    Married 09/09/09
    • moneysaver12
    • By moneysaver12 18th Mar 17, 9:45 AM
    • 2,000 Posts
    • 3,210 Thanks
    moneysaver12
    Common sense suggests the area in front of the silver car should not be parked on by anyone as access is required.

    Op, Could the edge of the area needing to be kept clear or preferably the boundary be marked across the driveway with metal studs or inset bricks? This could help prevent future problems.
    Originally posted by Norman Castle

    You would think it was common sense. Bit when ll was preparing the hpuse to let. He would park his big car outside the garage. Then on occasions there would be a car parked behind his. When then made getting off the drive difficult and I couldn't get back on the drive.

    Before the house sold I did park on the second drive. Then it sold and ll asked me not to park on it anymore. I stopped parking there and parked outside our house.

    Looks like ll thought I was parking on his property
    Married 09/09/09
    • moneyistooshorttomention
    • By moneyistooshorttomention 18th Mar 17, 9:47 AM
    • 12,298 Posts
    • 33,481 Thanks
    moneyistooshorttomention
    In your position - I'd say that the neighbour is entitled to park on the drive leading to their garage - as long as in the process they don't block your access in any way.

    I would certainly hate it if they parked in front of my front lawn (ie where I could see their car "slap bang in my face" the second I looked out my front window. But then I don't have a car myself........

    The question is, purely and simply, though as to whether they have legal ownership of that part of the drive leading up to their garage. If they do - they are perfectly entitled to park there (even if their car would be an eyesore to a non car-owner such as myself).

    If they don't own that bit of drive - then they certainly arent entitled to park on it (even if not blocking your access). The question then arises as to whether they have Right of Way to drive up that drive into their garage - and I would imagine there must be a provision written down in your/their Title Plan/Registration document saying that they do (because it would be ridiculous to have a garage one physically wasnt allowed to drive into).

    It's easy enough though@
    - Your set of papers on the one hand
    - Their set of papers on the other hand (which you can get instantly over the Internet for just a few s).

    Compare the two to see:
    - just who owns that bit of drive
    - if you are the owner of it - then check for anything written about them having a ROW.

    EDIT; Even if you are the owner of that drive to his garage - you arent allowed to park on it yourself - as you would be blocking his ROW.
    Last edited by moneyistooshorttomention; 18-03-2017 at 9:50 AM.
    ******************
Welcome to our new Forum!

Our aim is to save you money quickly and easily. We hope you like it!

Forum Team Contact us

Live Stats

1,379Posts Today

13,005Users online

Martin's Twitter
  • The strange thing with a 4yr old is having to play & smile while inside feeling sick for those in trauma in my birth town #Manchester

  • Just a quick ta-ta for now. I'm taking the week off for family time with mini and Mrs MSE. So I won't be here much. Back after the bank hol

  • Ugh another one trying it! Beware https://t.co/Ab9fCRA76F

  • Follow Martin