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Extending driveway to increase house value - legalities advice ?

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  • Also who is responsible for the upkeep?
    My parents own a cottage along a canal and they have to contribute a share towards the upkeep of the road leading to it. Please read your deeds carefully.
  • muskoka
    muskoka Posts: 1,124 Forumite
    I liv ein a similar cul de sac. Only four houses. We all have double ddriveways though & all agree we use each others driveways to reverse in & out, etc. I'd deal with this as soon as poss too, but as nicely as you can - perhpaps visit neighbours with copy of deeds & just say you wanted to be neighbourly & explain what works you will be doing later this year & apologise for any inconvience if may cause them, etc.

    Do check all neighbours deeds though (via Land REgistry), so you have ALL the facts to hand.
  • Hi,

    Thanks for the replies

    Re a few of the questions.. The driveway is privately owned. Maintanace and upkeep falls on my shoulders.

    Ive dug out my original solicitors letter that came with all the deed information which says

    "You will see on the Land Registry plan that the private driveway is within the boundaries of your property. The title deeds do not actually give the right of way to your neighbours over that area that i would have expected to see. I understand though in practice this this area is used by neighbours."

    I have made a few more enquiries and it seems that after 20 years of use with no objections an easement is granted allowing a right of way.

    I am also within rights no not allow the neighbours to park there on a regualr basis, as its technically trespassing, so the son driving wont be an issue legally.

    I also enquired to the land registry re which documents i would need to purchase, but was advised any reference easement would be noted on my deeds - which there isnt.

    Ive copied the land registry plan for my property and will mention to the neighbours when i next see them

    Thanks

    Regards
  • System
    System Posts: 178,348 Community Admin
    10,000 Posts Photogenic Name Dropper
    RS51ALG wrote: »

    "You will see on the Land Registry plan that the private driveway is within the boundaries of your property. The title deeds do not actually give the right of way to your neighbours over that area that i would have expected to see. I understand though in practice this this area is used by neighbours."
    See below. Your deeds can be totally silent on the matter. I would worry about a conveyancing solicitor not knowing this
    RS51ALG wrote: »
    I also enquired to the land registry re which documents i would need to purchase, but was advised any reference easement would be noted on my deeds - which there isnt.
    That is NOT guaranteed and there is no requirement. It only needs to be on one set of deeds
    This is a system account and does not represent a real person. To contact the Forum Team email forumteam@moneysavingexpert.com
  • Is the access that relevant anyway ?

    I am only planning on moving the defining curb stones further into the shared drive, not stop access ?

    The move will have no affect on access, so do access rights ( whether on the deeds or not ) make a difference to my plans ?

    Thanks
  • HappyMJ
    HappyMJ Posts: 21,115 Forumite
    10,000 Posts Combo Breaker
    They have to have some way of turning around safely. You wouldn't want them reversing all the way down the driveway either into their houses or into the street. It's quite dangerous. I would just highlight to your neighbours this is your parking space/land and their son cannot park on it. If this part of the driveway requires maintenance you really want to be on friendly terms with the neighbours when you go around asking for a contribution towards repairing the drive. I just wouldn't complain over a few square metres. Move the stones around if you like but try not to make it difficult for them. They'll just make it difficult for you.
    :footie:
    :p Regular savers earn 6% interest (HSBC, First Direct, M&S) :p Loans cost 2.9% per year (Nationwide) = FREE money. :p
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