Rear extension with a shared drive

Building_help

Hi

I am planning on purchasing a house which has a covenant in the title deed to allow access to the shared drive to the neighbour. The title deed is not clear if there is a boundary in the middle of the shared drive or if the whole drive is shared. The driveway widens at the rear of the house to allow access to two adjoining garages.

The neighbour has completed an extension at the rear keeping the line of the driveway so there is still access to his garage. So this means his extension is not square but instead the wall next to the driveway slants inward causing the extension to narrow as you move toward the end.

We are planning to extend but with a straight wall. As a consequence we will not be able to access our garage (with a car) but the neighbour will still be able to access his.

The title deed says

5. The Purchaser shall not at any time hereafter erect or make any building or erection or cause or make any obstruction either of a temporary or permanent nature on any part of the passageway on the said plan.

The plan shows a red box which seems to run down the middle of the passageway with a dotted line down the middle. However this is unclear. There is no clarity on what is actually the passageway.

It is unclear to me whether the passageway would include the part which splays out at the end by the garages because this would not actually obstruct his use of the passageway, albeit he will not be able to use that part behind my house and in front of my garage.

Also if indeed the passageway includes the part that splays out would the neighbour have a case for us not building on that area because he is still able to drive his car to the garage, although it is narrower at the end.

The section of the drive we will be building on is approximately is a 2m long x 1m wide triangle.

I have brought the issue up with the neighbour and he has suggested we will not be able to build (I think this is because he has not done so) and is not in keeping with the rest of the road. We have seen that other houses on the road with the same covenants and a garages at the back have built a straight wall extension. The neighbour has said when the time comes he will have to take legal advice.

I am wondering if the neighbour has access to the part of the drive I am proposing to build on and also if he is able to stop me from building?

Many thanks for any help.

zzzLazyDaisy

Building_help wrote: »

Hi

I am planning on purchasing a house which has a covenant in the title deed to allow access to the shared drive to the neighbour. The title deed is not clear if there is a boundary in the middle of the shared drive or if the whole drive is shared.

(.....)

The title deed says

5. The Purchaser shall not at any time hereafter erect or make any building or erection or cause or make any obstruction either of a temporary or permanent nature on any part of the passageway on the said plan.

The plan shows a red box which seems to run down the middle of the passageway with a dotted line down the middle. However this is unclear. There is no clarity on what is actually the passageway.

The title deed will normally say something like 'on any part of the passageway edged red on the said plan'. Even if it does not actually say this, it seems likely, that the passage way referred to is the area that is edged in red on the plan (which from what you are saying, includes the bit that splays out at the end?).

If you wish to build on this area, you should seek the advice of the solicitor who is doing your conveyancing.

CloudCuckooLand

Your neighbour stuck with an angled wall - possibly because it suited them - but also possibly, because they had the same concerns, checked it out, and found out they had to do it the way they have...

Maybe other houses have flouted the covenants. Maybe all those neighbours are at loggerheads, building copy-cat extensions to make a point...

Even if you are technically within your rights to do the straight wall, is it sensible to risk a dispute, by proceeding in a way that is contrary to what your neighbour has done?

Suppose you want to sell in 5 or 10 years, but there's a notice of dispute lodged by your neighbour, who just never lets go of it - however in the wrong, in law, they may be..?

How silly will you feel to have de-valued your property with an avoidable dispute?

Building_help

Many thanks for the reply.

We have a dotted line which goes down the middle of the drive between the garages and the red line is within this.

There are also dottel lines from the corner of ours and the neighbours property which meets in the middle of the garages. Would this mean that the area behind my property is not part of the shared area?

Unfortunately I cant post a picture...

Thanks again

zzzLazyDaisy

Building_help wrote: »

We have a dotted line which goes down the middle of the drive between the garages and the red line is within this. There are also dottel lines from the corner of ours and the neighbours property which meets in the middle of the garages. Would this mean that the area behind my property is not part of the shared area?

Without access to the deeds and the plan, it is impossible to say. You need to consult a solicitor, because any comments here are just guesswork.

One other thought does occur to me though - if you build the extension straight out, and in doing so obstruct access to your own garage, wouldn't that also have a negative impact on the value of your property. Remember you can't park a car on a shared drive as it must remain clear for access, so once you have taken up the wider part by building the extension, you will only have street parking (unless you can turn the front garden into a parking area).

DVardysShadow

Building_help wrote: »

... The neighbour has completed an extension at the rear keeping the line of the driveway so there is still access to his garage. So this means his extension is not square but instead the wall next to the driveway slants inward causing the extension to narrow as you move toward the end.

We are planning to extend but with a straight wall. As a consequence we will not be able to access our garage (with a car) but the neighbour will still be able to access his.

The title deed says

5. The Purchaser shall not at any time hereafter erect or make any building or erection or cause or make any obstruction either of a temporary or permanent nature on any part of the passageway on the said plan.

The plan shows a red box which seems to run down the middle of the passageway with a dotted line down the middle. However this is unclear. There is no clarity on what is actually the passageway.

You need to be really careful about this. Very careful.

Before you go any further, you must understand the spatial issues and the legal issues. Depending on the exact layout, it may be that your neighbour will need to use some of the ground you intend to build on in order to complete a turn get his vehicle to and from the garage. If he does, then redlines on plans mean nothing if they relate to ownership, not to rights of passage. And in this case, you might do better to think that rights of passage trump rights of ownership [:eek:].

zzzLazyDaisy

DVardysShadow wrote: »

You need to be really careful about this. Very careful.

And in this case, you might do better to think that rights of passage trump rights of ownership [:eek:].

I second this!

A legal right of easement, or right of way, over someone else's property (which is basically what a shared drive is) will always trump rights of ownership over that bit of land. It doesn't mean you don't own the land, but it does mean that you are restricted to what you can do with that land.