Extending driveway to increase house value - legalities advice ?

RS51ALG

Hi,

I am after a bit of advice regarding a house we purchased last September, and my options for extending the driveway.

The house is one of five new builds, built around 10 years ago at the end of a street ( the other houses are 80s builds )

The houses are built in a circle, with a private drive. There is a large turning circle in the centre of the houses ( four cars wide )

When we first viewed the house, we were put off by the fact that there was only enough space for one car to park. The other houses all had double width spaces on their drives. As we have 2 cars, it wasn’t appealing. The estate agent called us the day after looking for feedback and we mentioned the parking issue to them. They informed us that we weren’t the first viewers to comment on this and mentioned that our house actually owns the complete driveway and turning circle (in the deeds) – The current owners parked their second car at the side of the circle all the time. ( there is enough space for a car without causing any issues )

Prior to purchase, we did check the driveway and circle was on the deeds, which was confirmed. The solicitor also made a note on her letter that the drive way is not infact a shared driveway – it belongs solely to our property and there is no conditions in the deeds that require us to grant access to the neighbours.

Fast forward 6 months and I have been parking at the edge of the circle, as there were other internal DIY jobs to do and the weather hasn’t been right to start moving the circle edging stones further into the circle.

Yesterday a neighbour and I were chatting and he made a “joking ( although you could tell he wasn’t joking )” comment about how I would have competition for the space next year, once his son starts to drive.

When we purchased the house, the solicitor said there would be no issues legally moving the circle boundaries, to incorporate some of the space onto our existing drive.

There is also the appeal when it comes to selling the property. It goes without saying that the value could only increase with additional parking resource.

Obviously I don’t want to upset the neighbours and will be chatting to them about my plans, but I was advised to put a post on here, and see if anybody has any experience in this ?

Is there a time limit on how long I can live there before making this change ? ( ie can it wait 6 months )

Is there anything I am doing that could potentially break the law ?


Do the neighbours have any rights that turn this to a legal battle ?

Any advice would be appriciated.



Thanks

Regards

HappyMJ

They may have a right of way. You would need to post a diagram as to how it's all set out. They must have access to their property and if the only access is using this driveway then it's a shared driveway. A diagram will help.

RS51ALG

Hi,

As am new, it will not let me post a picture in the topic, as links are not allowed

Ive pasted them as text below.. ( remove the spaces in browser )

http:// contactpreference. co.uk / images/1.jpg

My property is marked with the thicker lines
X is the turning circle
y is the current drive
z is there i park my car


Here is a modified pic to show how i would like to move the drive paving stones, which would increase the drive in from of the garage..

http:// contactpreference .co.uk/ images/2.jpg


Re the access rights..

Here is what my solicitor emailed me during purchase..

With regard to the drive your title deeds do not actually seem to incorporate the right for your neighbours to use the driveway which clearly they need to do to gain access to their own properties.That being the case there would be no issue with you extending the drive for your own benefit.By the same token there is nothing in your title deeds requiring the neighbours to contribute to the resurfacing of the drive but I would not expect them to object if that we required.

Thanks

Regards

societys_child

"I don’t want to upset the neighbours"

The one you spoke to yesterday wasn't too worried about upsetting you by the sound of it. From past experience, I'd have bounced right back with with something like "oh, I don't think so, I own this . . it's private /on my deeds . . . ." etc (with a pleasant smile of course)

Don't leave it, it can all turn nasty.

phill99

I'm not convinced that another parking space will add value. It may if it is in Central London where parking spaces are at a premium, but other wise, you would be hard pressed to persuade a valuer that it is worth more than your neighbours. However, it will make it more saleable.

WestonDave

Looking at those it would make more sense to me to widen the existing drive into the space to the right of the garage - wierd layout anyway and seems almost like dead space - than to start a fight over the turning circle. Incidentally anyone else parking there would presumably block your drive.

Any chance of a link to an aerial photo from google maps - might help!

societys_child

links

http://contactpreference.co.uk/images/1.jpg

http://contactpreference.co.uk/images/2.jpg

WhiteChristmas

phill99 wrote: »

However, it will make it more saleable.

You're now obliged to declare any disputes with your neighbours at sale time. A fall-out over something like this could make the house considerably LESS saleable.

DaftyDuck

I'm not sure I agree with the "don't upset the neighbours" approach on this one. When it comes to selling, if a neighbour is parking on your bit of drive, you'll still have to object, and it will be more difficult to clear the air. If that bit is on your deeds, and your deeds only (it might be on more than one, in error), then I'd clearly and quietly lay claim to it as soon as possible, and have a copy of the deeds to hand. A dispute will only arise (sorry, a dispute should only arise...) if there's something to dispute!

Jaynne

I disagree with the fact that a second space doesn't add value - though it does depend on just where you would otherwise have to park. For a lot of people having two cars is a necessity and even if you can't add a £ amount to the value in a slow market it could just be the sort of thing to slightly turn someone off your house or barter you down that bit more.

My advice would be to try to be as upfront with your neighbours and do it ASAP before your neighbours son has his car parked there. Go armed with your deeds and say that you are planning your driveway extension now. Even if you don't do it or it takes a while your neighbours hopefully will see parking there right now as something they can't take for granted rather than a right you are taking away.

System

RS51ALG wrote: »

Here is what my solicitor emailed me during purchase..

With regard to the drive your title deeds do not actually seem to incorporate the right for your neighbours to use the driveway which clearly they need to do to gain access to their own properties.That being the case there would be no issue with you extending the drive for your own benefit.By the same token there is nothing in your title deeds requiring the neighbours to contribute to the resurfacing of the drive but I would not expect them to object if that we required.

However there may well be entries on THEIR deeds that give them a right of way. You will need to check the deeds for all the other houses in that close.

Are you sure that it is still private. You may own it but it may come under the control of the local highways dept. You will need to check with the council