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Shared Driveway / Boundary Help Needed

Not 100% sure if this is the right place to ask but here goes

Hello everyone,

I am a first time poster here, so please be gentle

Ok, first a little background to my situation..

I own my property but share a driveway leading to two garages with a neigbouring council owned property (no snobbery intended, just out lining known facts of situation).

The driveway runs directly between the two properties.

Visitors and guests to my neighbour, it would appear as a matter of routine regulary park on the shared driveway. I have attempted to discuss this in a friendly matter with my neighbour and each time, they have become agressive and insisted that the majority of the driveway is theirs.

What I would like to do to avoid any disputes in the future is build a fence down the middle of the shared driveway. I can imagine the objections that will be raised by some posters but I would like to explain that it was not always a shared driveway, when the properties were built in the 1930's until at some point in the 1970's a fence boundary was in place. I would like to put back the fence that had been there before.

This is where I now need a little help and a lot of guidance.


The Deeds to my property state:

"The said property (my home) is hereby transferred together with the rights set out in the First Schedule hereto but subject to the execeptions and reservations contained in the Second Schedule hereto."

The First Schedule - being my rights state -

"The right to pass and repass with or without vehicles in common with the Council and all other persons authorised by the Council or so entitled over the accessway shown coloured brown on the said plan for the purpose of obtaining access to the said property"

The Second Schedule
- being the rights reserved to the Council state -

"A right of way on foot only for the Council and others aforesaid in common with the Transferee or other the own or owners for the time being of the said property and all other persons authorised by him or them over the part of the passageway on the northern side of the said property which is shown coloured blue on the said plan the Council or others asforesaid contributing a fair proportion from time to time of the cost of maintaining the surface of the same such proportion in case of dispute to be determined by the said Head of housing and Services."

It should be noted that there would appear to be a faint line running through the words "on foot only". This may or may not be an amendment which is not counter intialled by either the Council or myself to indicate such (if that is required).
«13456

Comments

  • It would appear that I have the right to drive or walk over the part of the driveway that does not form part of my land.
    My neigbour has the right of way of over the part of the driveway that does form part of my land.

    Is there any significance to the fact that my rights say vehicle but the councils/neighbours rights refer to right of way ?
    Does the line running through "on foot only" mean that I can't rely upon that restriction, even if it is not initialled by either party as an amendment ?
  • caeler
    caeler Posts: 2,638 Forumite
    Part of the Furniture 1,000 Posts Mortgage-free Glee! Photogenic
    You don't build a fence in the middle of a shared driveway and surely you will disadvantage access to your own garage in the process?! Appreciate my response isn't helpful as when I read your deed description it reads to me that it is a shared driveway with both occupiers having a right of way but then an expert might come up with a different interpretation. Ask an expert?
  • caeler wrote: »
    You don't build a fence in the middle of a shared driveway and surely you will disadvantage access to your own garage in the process?! Appreciate my response isn't helpful as when I read your deed description it reads to me that it is a shared driveway with both occupiers having a right of way but then an expert might come up with a different interpretation. Ask an expert?

    Thank you for your reply. All responses are welcome and very much appreciated. You are correct as per the title of the thread, it is indeed a shared driveway.

    However, I am sorry that I did not explain myself very well.

    I forget to add (not sure it matters or not) that every other house along the road has a fence between them.

    The deeds say that I have the right to pass and repass with or without vehicles in common with the Council and all other persons authorised by the Council or so entitled over the accessway shown coloured brown on the said plan for the purpose of obtaining access to my property. The accessway in brown being the half of the driveway outside of the area defined as my land.

    Whereas, the deeds say that the Council and I presume my neighbour as tenant, has the right of way on foot only, over the part of the passageway on the northern side of the said property which is shown coloured blue on the said plan. The passageway in blue being the half of the driveway inside of the area as defined as my land.

    It would appear that I have the right for vehicle access over "their" side of the driveway, whereas they have foot only access over mine.

    However, as previously said there would appear to be a thin line drawn through the words "on foot only". I thought amendments to agreements / contracts would have to be individually initialled and dated by both parties to accept this amendments at the time of executing the agreement.

    I would be more than willing to disadvantage my access for a quiet life. Besides in recent a number of unrestricted parking bays have been created within the immediate vacinty of our properties and provide adequate spaces for residents, guests and vistors. Which is why partly, it frustates me that guests and visitors park on the driveway, clearly blocking access.
  • Hump
    Hump Posts: 519 Forumite
    Part of the Furniture
    Contact the council's housing department, explain that you wish to re-instate a fence along the driveway in exactly the same place as all the other houses and to the same height (and possibly similar design), wholly at your expense - and that you will undertake to maintain the fence (or remove it if repair/ replacement becomes infeasible). If they consent then you can do as you have requested and their tenant will have little recourse - save to accidentally drive into it on a regular basis.....
  • G_M
    G_M Posts: 51,977 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    How wide is the drive? If a fence went up in the middle, could you still drive down your side?

    Where is the "accessway shown coloured brown"? On the far side of the drive to your property - ie including the whole drive?

    Where is "the passageway on the northern side of the said property which is shown coloured blue" ? Down the middle of the drive?

    It appears to me (without the benefit of the Plan or coloured markings) that you have a right o drive a car down, so your neighbour should not block your access. and...

    your neighbour has a righ to WALK down the drive (no cars).

    However
    1) I'm guessing due to insufficient info and
    2) if true, you are still faced with the difficulty of enforcement!
  • Hump wrote: »
    Contact the council's housing department, explain that you wish to re-instate a fence along the driveway in exactly the same place as all the other houses and to the same height (and possibly similar design), wholly at your expense - and that you will undertake to maintain the fence (or remove it if repair/ replacement becomes infeasible). If they consent then you can do as you have requested and their tenant will have little recourse - save to accidentally drive into it on a regular basis.....

    Thanks Hump

    I have written to them but due to previous experience of dealing with the Council, I have little faith in them.
  • Hello GM,
    G_M wrote: »
    How wide is the drive? If a fence went up in the middle, could you still drive down your side?

    In front of the two properties, it is barely wide enough for two vehicles. Inbetween the two properties, there is enough room for one vehicle.
    G_M wrote: »
    Where is the "accessway shown coloured brown"? On the far side of the drive to your property - ie including the whole drive?

    It is the entire length of the driveway, covering approximately 50% (neighbours side)
    G_M wrote: »
    Where is "the passageway on the northern side of the said property which is shown coloured blue" ? Down the middle of the drive?

    It is the entire lenth of the driveway, covering approximately 50% (my side)
    G_M wrote: »
    It appears to me (without the benefit of the Plan or coloured markings) that you have a right o drive a car down, so your neighbour should not block your access. and...

    your neighbour has a righ to WALK down the drive (no cars).

    That was my inital thought. However, I am concerned that the right of way of my neighbour may not be limited to walking, as there is a line through the words "on foot only" on my deeds.

    As said before though, this amendment is not dated or intialled by either party.
    G_M wrote: »
    However
    1) I'm guessing due to insufficient info and
    2) if true, you are still faced with the difficulty of enforcement!

    Once I can post links, I will post the plan of the properties.

    Many Thanks
  • cattie
    cattie Posts: 8,844 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    Try writing to your mp if you have trouble getting any response or sense from the council.
    The bigger the bargain, the better I feel.

    I should mention that there's only one of me, don't confuse me with others of the same name.
  • Tiddlywinks
    Tiddlywinks Posts: 5,777 Forumite
    I've been Money Tipped!
    OK - I'm still confused... if you put a fence down the middle of the drive then will you be able to drive up it? Will your neighbour be able to drive up his side?
    :hello:
  • G_M
    G_M Posts: 51,977 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    In front of the two properties, it is barely wide enough for two vehicles. Inbetween the two properties, there is enough room for one vehicle.
    So how will a fence down the middle help you - you won't be able to drive down to your garage..

    It is the entire length of the driveway, covering approximately 50% (neighbours side)
    So I assume you OWN your half, and have vehicular ROW down neigbours side?

    It is the entire lenth of the driveway, covering approximately 50% (my side)
    So council OWNS the other half and has ambulatory ROW down your half... (subject to the un-initialed crossing out)

    That was my inital thought. However, I am concerned that the right of way of my neighbour may not be limited to walking, as there is a line through the words "on foot only" on my deeds.
    Is there a 'Conveyance' or other document that the Deeds refer to? Possibly the original Conveyance granting these Rights /Obligations was signed/initialed with the crossing out amendment, and the Deeds simply refer to the original and provide a copy of what's written?
    You speak of the 'Deed'. Do you mean the Title document at the Land Registry? Is there reference to any other document? You need to see the original.
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