Shared Drive Problems

johnjones22

Hi,

I've just purchased a new house with my wife and am having problems with our neighbours already.

We have a shared drive (the width of 1 car) that runs between our properties that then goes to 2 garages (1 on each of our land).

Our neighbour is contantly blocking access to our garage with a boat (on a trailor) and we have to keep knocking asking them to move it when we want to put our car in the garage.

I've had a look at the Land Registry & our boundry runs right up the middle of the drive, between our houses. I've also had a look on the Property Register to see if it mentions the shared access & it says:

The right of passage for pedestrians only (in common with the
Vendors and all other persons now or hereafter entitled thereto)
along the portion of the pathway coloured brown on the plan
aforesaid subject to the payment of a fair proportion of the

expense of maintaining and keeping such pathway in good repair.

Although it doesn't mention cars/boats etc because the house is so old, am I right in thinking this shared access should be kept clear at all times ???

Thanks - John

johnjones22

Also. just thought I should add... The Land Registry clearly shows both garages & the boundry runs between them & then down the middle of the shared drive.

david29dpo

Politely explain his legal obligations about the shared drive and access. The last thing you want to do is shout and fall out because your house will be unsellable. See what happens. Don't do tit for tat if it carries on just ask him to move it 20 time a day.

Aquatronixjenny

Yeah, I'd probably keep asking him. Make sure its at least 2 or 3 times a day. If he doesn't get the hint after a couple of weeks then maybe just drop a polite letter through his door saying that he is supposed to keep the driveway clear.

Yorkie1

From your description, each of you legally owns one half of the drive up to the middle line. He can do what he wants on his half, as long as there is sufficient access along it for a pedestrian. Likewise, you can do what you like on your half as long as there is access for your neighbour on foot along it.

The deeds as described do not in fact provide either of you with the right to drive or park vehicles across or on the 'other' half of the drive. Therefore, the precise answer to your original question is that yes, he does have to keep his part of the drive clear but only to the extent that is necessary for you to walk along. He is not obliged to keep it clear for a car to pass along.

Assuming that the trailer when parked is on more than his half of the drive, he is parking on land that he does not own.

That all being said, there's no point in getting legalistic with him unless you really have to. You need to get along with him as you want access to your drive. Others have provided good suggestions to that end.

pinkshoes

As the shared section is only 1 car width, I'm presuming that his boat is parked half on your property?

I'd ask him to move it several times a day, including perhaps 5am wake up calls, making sure you ring the bell and insist he moves it. If he complains, then point out that legally he's not allowed to park it there, so by letting him park it there and moving it when you ask, you're doing him a favour.

If that doesn't work, write him a polite letter pointing out that you'll let him park it there, so long as he gives you 24 hour access to your garage by moving his boat, and if on any occasion he can't move his boat on request, he'll have to find somewhere else to park it.

darkpool

next time he moves the boat just park there yourself? put a heavy garden bench there? Offer to rent the space to him?

Incyder

If the nice way doesn't work then buy a rusty old banger with a couple of months tax and mot for about £100. Park it blocking the drive as he is doing and leave it.
Take the wheels off and put it on bricks for added visual effect.:D

Something like this should do it......

bryanb

David 29 makes a very good point, if you escalate this to a neighbour dispute you will have to declare it if you sell your place in the future. Keep it amicable, talk reasonably with your neighbour and come to an agreement.

ETA the Land Registry info you provided seems to indicate that you do not have a shared access at all. You each own half the width of the drive. Sharing in these circumstances is by agreement. Also consider carefully the meaning of "Pedestrians only"

azkaban420

Also be wary that if you confront him he may use the trick that 'I've been doing this for years and the owners before you never had a problem'.

Be tactful, try to keep it civilised and ofc remind him of his legal obligations if he doesn't get the message. Otherwise, as others have suggested, ask him at several (inconvenient) times of the day to move it, and he should soon get the message.

Az

dancingfairy

To be honest - I would try politely asking if he can move it when you want access. An alternative would be to ask if he can keep it parked right up against the garage and you could maybe park at the end of the drive so you can go in and out as needed without annoying him every 2 seconds? o.k you would then loose parking access to your garage but it might be worth it for a quiet life.
df