Shared Driveway / Boundary Help Needed

Unsureneedhelp

cattie wrote: »

Try writing to your mp if you have trouble getting any response or sense from the council.

Thanks Cattie, I will give him a try

Unsureneedhelp

Tiddlywinks wrote: »

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 Tiddlywinks sorry for the confusion

The driveway in front of the properties is wider. I would be willing to scariface part of my front garden to give me enough room to park my car on my half of the drive, plus a part of my garden.

This would prevent anyone from blocking access to by property by parking on the drive.

Tiddlywinks

Unsureneedhelp wrote: »

Hello Tiddlywinks sorry for the confusion

The driveway in front of the properties is wider. I would be willing to scariface part of my front garden to give me enough room to park my car on my half of the drive, plus a part of my garden.

This would prevent anyone from blocking access to by property by parking on the drive.

Still confused as you didn't answer all of my Qs.... so, you will have to sacrfice some of your front garden in order create a drive? Will the same apply to your neighbour as well?

Where are the garages - at the top of the drive by your house?

Are you sayine that putting up a fence means that the drive will not be wide enough to drive along unless you make adaptations? Can't see the council agreeing to that for their property.

Unsureneedhelp

Thanks again for replying GM

G_M wrote: »

So how will a fence down the middle help you - you won't be able to drive down to your garage..

as above really, if I was to put a fence up, I could use my half in front of the properties and part of my garden as a parking space. Not as good as having a garage but it will prevent anyone from parking on the driveway and restricting access to my home.

G_M wrote: »

So I assume you OWN your half, and have vehicular ROW down neigbours side?

So council OWNS the other half and has ambulatory ROW down your half... (subject to the un-initialed crossing out)

Yes GM that is correct. If I could rely on the fact that my neighbour only had row on foot only, it would appear to be straight forward to argue that he does not physically need the entire drive to walk up, he could walk up, his side quite easily.

G_M wrote: »

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?

G_M wrote: »

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.

My apologies, my use of terminolgy is most likely incorrect.

I have three documents.

Title Register - Which includes reference to but no details of restrictive covenants.

Title Plan - which shows a border down the middle of the drive and with a red line indication the boundary of my property, inclusive of half of the drive.

The third document is entitled -

HM Land Registry
Land Registration Acts 1925-1997

Transfer
(Imposing Restrictive Covenants)
(pursuant to Rule 72 of the Land Registration Rules 1925)

It is this third document, which includes the previously quoted references.

sirmosh

Depending on how long they (and previous owners before them) have used the shared drive for vehicles they may have acquired a right of way which is not documented. While there are plenty of people here who know their stuff http://www.gardenlaw.co.uk have even more experts on this type of thing, may well be worth asking over there.

G_M

Unsureneedhelp wrote: »

Thanks again ...
The third document is entitled -

HM Land Registry
Land Registration Acts 1925-1997

Transfer
(Imposing Restrictive Covenants)
(pursuant to Rule 72 of the Land Registration Rules 1925)

It is this third document, which includes the previously quoted references.

Do you have the original, or a copy? What is the date of the Transfer? Who is it between?

Unsureneedhelp

G_M wrote: »

Do you have the original, or a copy? What is the date of the Transfer? Who is it between?

It is between the Council and myself and is dated 1997.

The original is stored with the solicitor that acted on my behalf when I purchased the property. They are currently going through their deed store to locate.

The Council has recently provided me with a copy.

Thank you

Unsureneedhelp

sirmosh wrote: »

Depending on how long they (and previous owners before them) have used the shared drive for vehicles they may have acquired a right of way which is not documented. While there are plenty of people here who know their stuff garden law havRe even more experts on this type of thing, may well be worth asking over there.

Thank you, I have posted there too. Hoping between here and there I can piece something together

Unsureneedhelp

Tiddlywinks wrote: »

Still confused as you didn't answer all of my Qs.... so, you will have to sacrfice some of your front garden in order create a drive? Will the same apply to your neighbour as well?

Where are the garages - at the top of the drive by your house?

Are you sayine that putting up a fence means that the drive will not be wide enough to drive along unless you make adaptations? Can't see the council agreeing to that for their property.

Sorry it was an unfortunate oversight on my part not to answer each question. In response to the previously asked question, no if a fence is fitted my neighbour would not be able to drive between the properties.

However, if I can establish that at the moment he has "on foot only" right of way, he should not drive on my part.

In response to your above post, my neighbour has already converted his garden into a parking area. However, his guests and visitors park on the drive instead of this additional parking area.

Yes, the garages are accessed at the end of the driveway

G_M

Unsureneedhelp wrote: »

It is between the Council and myself and is dated 1997.

The original is stored with the solicitor that acted on my behalf when I purchased the property. They are currently going through their deed store to locate.

The Council has recently provided me with a copy.

Thank you

If the original conveyance was between the council and yourself, surely you know what you signed?!!!

Were you agreeing to the neighbour having foot-only or vehicular access??