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    • moneysaver12
    • By moneysaver12 18th Mar 17, 8:25 AM
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    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 2
    • moneyistooshorttomention
    • By moneyistooshorttomention 18th Mar 17, 9:52 AM
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    moneyistooshorttomention
    Crossposted. Seen your latest posts.

    I am wondering whether LL does know its your drive - but the point he is making (somewhat inarticulately) is that you arent legally allowed to block his Right of Way. He is correct on that.
    ploughing my own furrow...

    They have lessons in schools these days on resisting peer pressure
    • stator
    • By stator 18th Mar 17, 9:53 AM
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    stator
    Get out a tin of paint and paint a line the marks the boundary between your two properties.

    Who owns the circular piece of tarmac in the right side of the photo?
    Changing the world, one sarcastic comment at a time.
    • rosyw
    • By rosyw 18th Mar 17, 9:53 AM
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    rosyw
    The set up looks similar to mine in some respects, my house being behind 2 others I have access over the drive but am not allowed to park on it or block it in any way, which is fine as I have plenty of parking & turning space. Have you checked if there are any covenants regarding the drive? there are covenants on my deeds which are very clear about the use of the drive. You may well find that there is something similar on yours.
    • moneysaver12
    • By moneysaver12 18th Mar 17, 9:56 AM
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    moneysaver12
    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.
    Originally posted by moneyistooshorttomention
    If they do park outside the garage then half of their car is then parked outside our garden which means when we look out of the window we can see their car.
    Paper work says neighbours have access.

    We wouldn't park on the drive as even through we could. It would block the neighbours access which would not be fair on them.
    Married 09/09/09
    • moneysaver12
    • By moneysaver12 18th Mar 17, 9:59 AM
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    moneysaver12
    Crossposted. Seen your latest posts.

    I am wondering whether LL does know its your drive - but the point he is making (somewhat inarticulately) is that you arent legally allowed to block his Right of Way. He is correct on that.
    Originally posted by moneyistooshorttomention

    Ll thinks he owns it as that's what his solicitor told him. Then his solicitor said yesterday that he has two different plans.
    Married 09/09/09
    • Norman Castle
    • By Norman Castle 18th Mar 17, 10:01 AM
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    Norman Castle
    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
    Originally posted by moneysaver12
    It seems odd that what you are calling the second drive belongs to your property. If that area of tarmac belonged to the other property with a boundary behind the conifer they would have parking outside their garage.
    If it is proven to be yours and you are not concerned about seeing a car parked on it selling the tarmacked area between the conifer and garage could be an option as it has limited use to you if it always needs to be clear.
    Don't harass a hippie. You'll get bad karma.
    • curls
    • By curls 18th Mar 17, 10:01 AM
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    curls

    Personally I wouldn't allow parking there. It would set a precedent which would become an assumed right leading to later disputes.
    Originally posted by Norman Castle
    I totally agree with above. Firstly, a dispute over ownership could arise in the future. Secondly, you might agree now because a nice looking car parked in front of your house wouldn't be so bad, but what if they or future neighbours had a very large van?
    • G_M
    • By G_M 18th Mar 17, 10:07 AM
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    G_M
    Is this still rambling on?

    1) common sense says

    a) you should park outside your garage
    b) he should park outside his garage
    c) no one should park on th lower end of the drive which is required by both of you to access your respective garages
    d) you should bake a cake, have tea together, and stop faffing about!

    2) as for the legal position - have you yet got hold of the Title documents, and Plans, to both houses?

    a) if yes, what do the Titles say (exact wording), and what do the Plans show?

    b) if no, why on earth not? We and you are just guessing without the legal documents!
    • moneysaver12
    • By moneysaver12 18th Mar 17, 10:07 AM
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    moneysaver12
    It seems odd that what you are calling the second drive belongs to your property. If that area of tarmac belonged to the other property with a boundary behind the conifer they would have parking outside their garage.
    If it is proven to be yours and you are not concerned about seeing a car parked on it selling the tarmacked area between the conifer and garage could be an option as it has limited use to you if it always needs to be clear.
    Originally posted by Norman Castle

    Problem if we did sell it would be that then if they parked all along that drive. We wouldn't be able to get on our drive.
    Married 09/09/09
    • DaftyDuck
    • By DaftyDuck 18th Mar 17, 10:10 AM
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    DaftyDuck
    Although it doesn't actually matter what anyone on this thread actually thinks or imagines..... It's what the deeds and plans state that matters.....

    Mind you, what I think ... .... I suspect from the far brickwork edge and decoration that the other house is far more likely to own their garage access, with you having possibly some rights over it. I also think it looks, from the photos, as if someone has been parking on, or manoeuvring on, the lawn! It may just be an artefact of the image. If someone has, that might change attitudes... But attitudes aren't deeds, and it's just the deeds that matter.

    Edit to add... It DOES matter what G_M thinks, partly 'cos he's right as always, and partly because he agrees with me. Oh, and because, by now, he must make a very fine cake. Maybe he's not Barry Cryer, but Noel Fielding...
    Last edited by DaftyDuck; 18-03-2017 at 10:14 AM.
    • Red-Squirrel
    • By Red-Squirrel 18th Mar 17, 10:10 AM
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    Red-Squirrel

    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.
    Originally posted by moneysaver12
    Hang on, you don't want to let them park a car in front of their garage? To the right of that fence?

    Why ever not? That just seems petty.

    As long as nobody ever parks on the 'crossover' bit at the bottom that you both need for access there should never be a problem here. Don't create an unnecessary one!
    Last edited by Red-Squirrel; 18-03-2017 at 10:12 AM.
    • marliepanda
    • By marliepanda 18th Mar 17, 10:23 AM
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    marliepanda
    It doesn't make much sense for OP to own the drive all the way to the neighbours house? Perhaps the bit they have to cross to get to their drive, but the whole thing??


    OP parks on 'his' drive. Neighbour parks on the drive which leads to their house.


    No one parks on the crossover.
    What is so difficult?


    I find it very unlikely OP owns the entire drive all the way up past their house to a neighbours drive.
    Survey Earnings 2017 - £163
    • moneyistooshorttomention
    • By moneyistooshorttomention 18th Mar 17, 10:27 AM
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    moneyistooshorttomention
    It doesn't make much sense for OP to own the drive all the way to the neighbours house? Perhaps the bit they have to cross to get to their drive, but the whole thing??


    OP parks on 'his' drive. Neighbour parks on the drive which leads to their house.


    No one parks on the crossover.
    What is so difficult?


    I find it very unlikely OP owns the entire drive all the way up past their house to a neighbours drive.
    Originally posted by marliepanda
    It does look as if this would be the logical answer and it's not happening because OP (but not her husband) doesnt wish to see the car from her front window. Perfectly logical to a non car-owner - who thinks they are all eyesores. Not logical when one has a car of one's own - and is therefore doing so too.
    ploughing my own furrow...

    They have lessons in schools these days on resisting peer pressure
    • marliepanda
    • By marliepanda 18th Mar 17, 10:38 AM
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    marliepanda
    It does look as if this would be the logical answer and it's not happening because OP (but not her husband) doesnt wish to see the car from her front window. Perfectly logical to a non car-owner - who thinks they are all eyesores. Not logical when one has a car of one's own - and is therefore doing so too.
    Originally posted by moneyistooshorttomention


    Well it looks like theyre only looking out onto a brick wall and driveway anyway? Not onto an area of outstanding natural beauty or a pretty garden?
    Survey Earnings 2017 - £163
    • moneysaver12
    • By moneysaver12 18th Mar 17, 10:46 AM
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    moneysaver12
    I've down loaded their deeds. Doesn't say anything about the drive.

    The law society property information form says about the neighbour access on the drive.
    Married 09/09/09
    • moneysaver12
    • By moneysaver12 18th Mar 17, 10:49 AM
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    moneysaver12
    Hang on, you don't want to let them park a car in front of their garage? To the right of that fence?

    Why ever not? That just seems petty.

    As long as nobody ever parks on the 'crossover' bit at the bottom that you both need for access there should never be a problem here. Don't create an unnecessary one!
    Originally posted by Red-Squirrel

    That's the problem. People have been parking outside our garden and part of our drive. Which then means I can't get back on to my drive.
    Married 09/09/09
    • moneysaver12
    • By moneysaver12 18th Mar 17, 10:54 AM
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    moneysaver12
    free upload image

    This is the original plan
    Married 09/09/09
    • Red-Squirrel
    • By Red-Squirrel 18th Mar 17, 10:57 AM
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    Red-Squirrel
    That's the problem. People have been parking outside our garden and part of our drive. Which then means I can't get back on to my drive.
    Originally posted by moneysaver12
    Outside a bit of your garden, that seems like a petty thing to be concerned about. Most front gardens border the road/pavement so you could have anybody parking there. Don't worry about that bit.

    I'm not quite understanding how they can be preventing you getting on your drive if they are only parking one car in front of the garage. As long as nobody blocks that overlapping bit at the bottom of both drives you should both be able to use the drives with no bother.
    • davidmcn
    • By davidmcn 18th Mar 17, 10:59 AM
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    davidmcn
    Not sure where we stand
    Originally posted by moneysaver12
    At your living room window, tutting.
    • moneysaver12
    • By moneysaver12 18th Mar 17, 11:05 AM
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    moneysaver12
    Outside a bit of your garden, that seems like a petty thing to be concerned about. Most front gardens border the road/pavement so you could have anybody parking there. Don't worry about that bit.

    I'm not quite understanding how they can be preventing you getting on your drive if they are only parking one car in front of the garage. As long as nobody blocks that overlapping bit at the bottom of both drives you should both be able to use the drives with no bother.
    Originally posted by Red-Squirrel
    When the landlord has been around to the property he has been allowing people to park at the bottom of the drive . So two cars on that bit of drive. This then means that I can't get on to the drive.

    I don't want to fall out with neighbours over this and don't want to turn it in to a major thing. Ll seems to think he owns all of the drive.

    From looking at our plans it looks to me that we own the drive up to the fence. Then neighbours own the bit outside the garage. Which would make sense.
    Married 09/09/09
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