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Potential Dispute with neighbour on 'shared driveway'
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humfer
Posts: 1,779 Forumite
Apologies if this is not the right forum or even site, but just wondering if anyone can give me some advice
We moved into a new home just over a year ago, which has a shared driveway with our neighbour. Now this shared driveway is actually stated as a 'shared vehicular access' on the deeds and therefore is basically there for our household manouvering in/out of driveway and the same for our neighbours.
Over the past couple of months the neighbour has started parking there over night and for long distances during the day, meaning that we have to reverse up the driveway to get out.
Have had a couple of chats with him and he seems like the type of character up for an argument. Just wondering what the best cause of action is? (1) Put up with it, (2) Contact a solicitor, or as the council have not yet adopted the site as the builder is still building (3) request the builder to reconfirm details of the 'shared vehicular access' to my neighbour
I really don't want to get into too much agro with the neighbour as its never nice falling out with neighbours, especially if we plan to be in the house for a significant period of our lives
We moved into a new home just over a year ago, which has a shared driveway with our neighbour. Now this shared driveway is actually stated as a 'shared vehicular access' on the deeds and therefore is basically there for our household manouvering in/out of driveway and the same for our neighbours.
Over the past couple of months the neighbour has started parking there over night and for long distances during the day, meaning that we have to reverse up the driveway to get out.
Have had a couple of chats with him and he seems like the type of character up for an argument. Just wondering what the best cause of action is? (1) Put up with it, (2) Contact a solicitor, or as the council have not yet adopted the site as the builder is still building (3) request the builder to reconfirm details of the 'shared vehicular access' to my neighbour
I really don't want to get into too much agro with the neighbour as its never nice falling out with neighbours, especially if we plan to be in the house for a significant period of our lives
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Comments
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I would suggest you check to see if there are any covenants in place for the shared driveway. The house we are buying with a shared driveway has a covenant which states that you can not park on the shared driveway. If there is an appropriate covenant, a solicitor would be able to advise on a course of action.
Amanda0 -
next time he parks there get up at 3 am and knock on his door asking if he'll let you out as you cant get into reverse gear0
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... and maybe consider avoiding purchase of a house with a shared driveway in future.....?
Honestly, if I was a builder, I wouldn't build anything that had anything shared between two adjacent houses.
If I were a buyer, I wouldn't buy anything that had a shared area with the neighbour. As you've found, it's open season for your neighbour to abuse it.0 -
Yes it would be good to park there yourselves occasionally see what his reaction is
can you park behind him ?0 -
He's not blocking your access as you can get out, albeit in reverse, therefore the existence of a covenant, mentioned above, or its non-existence, may be crucial.
You seem to be aware that if this develops into a dispute it may well work against you, particularly when you come to sell, so try not to let it become one.
At the last house I owned, I reversed in for 21 years. I am still here to tell the tale!0 -
No one suggested getting an old banger and being less accurate at reversing?0
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Thanks for all the replys guys. The shared drive is L shaped with the straight park the shared vehicular access (which he then goes straight on into his gated private drive) and the side bit is where we drive into our private drive (no gates).
I originally confronted him after christmas as I could see him gradually parking nearer and nearer to the side bit, and after initially speaking to him thought he had misunderstood the deeds as I think he thought that half of the shared drive was 'his' and no one but him could park there
After the initial confrontation he was ok, but after a couple of weeks started to play up one of two times a week. Then I had a another chat a couple of weeks ago, and he shut his front door in my face. I just think he's one of those sort of people who likes to push his luck. He obviously bought the house not fully understanding the meaning of the 'shared vehicular access', which according the deeds only allows 'temporary parking' (today for example he moved his car out at 8am and at time of writing its still there!)
Ah well. I spoke to the site manager in the week, and he completely agrees with me, and has advised me to speak with their head office in the week as he reckons they should be able to send him (and me) 'confirmation' of what 'shared vehicular access' really means. Just wanted to get a few comments from others to make sure I wasn't making too much of it. Really don't want to have to involve solicitors so hopefully the builder can sort it
Thanks again for the comments.0 -
what wrong with reversing in ? then driving out - many many folks have to do this on single-width drive ways - or are you just making a point ?0
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