Shared Driveway / Boundary Help Needed

Unsureneedhelp

pinkshoes wrote: »

Why don't you either block your neighbour's visitor in (then when they come round and ask you to move it, open the door with a bucket of wine in hand, and say you're over the limit so it'll have to wait until morning), or just tell them that if their visitors continue to obstruct the driveway, you will reinstate the boundary fence, as per all the other houses and as per previously existed.

Sadly all tried without success.

Unsureneedhelp

Smi1er wrote: »

OP. Don't be stupid and build a fence, you will only fall out with your neighbour, and that really ain't worth the trouble.

I too have a shared driveway. My neighbour park their cars in such a way that they need access to the shared part to both drive in and out. We park ours in such a way that we don't.

Whenever someone we know visits and happened to park on the shared bit they rant and rave, to such an extent that they are now afraid to park there, so don't. However their family and friends quite regularly park on the shared bit. Do I rant and rave at them? Nope. I grin and bare it.

Why do I do this? Because revenge is a dish best served cold:D. Next year my eldest turns 17. Within 7 years if all my children buy cars we will have an additional 4 cars. And I'll let you guess where the first one home will be instructed to park it?

lol, unfortunately no kids as yet :-)

I have already fallen out with my neighbour, mostly due to the continued parking on the drive by his guests/visitors

Unsureneedhelp

Ok, I have been doing some homework on this and I wonder if anyone in the know can confirm the following for me.

1) A Right of Way is an easement and not a convenant (restrictive or otherwise) as an easement is a right enjoyed by one landowner over the land of another.

2) Prior to my purchase of my property, both my home and my neighbours were owned by the Council,
a) Because an easement is a right exercised over another’s land and cannot exist over one’s own land does this mean no easement existed ?

3) We are about 5 years away from the possibility of prescriptive rights arising. However -
a) Can a Council Tenant gain presciptive rights, including the time when both properties where owned by the Council ?

4)) For presciptive right to arise, the user must be without force, without secrecy and without permission.
a)If permission has previously been given - will this prevent presciptive rights being aquired.

5) If the easement is granted by deed and that deed has not been completed by registration, the easement remains an equitable easement until registration.

6) An equitable easement will only bind a purchaser of the servient land if he has notice of its existence.
a) A purchaser is treated as having notice if the easement is protected by a notice in the charges register of the servient land.

gRoberts

Start taking pictures of the cars parking there and noting the registration and time. This usually causes them to shift and if not, then you have a log in which you can use as evidence should you need it.

FBaby

I'm confused. Isn't there a difference between righ of access and parking? Surely the Deeds intention is to insure that both parties can access their individual garages, not using the driveway as a parking spot.

Are you sure the wording doesn't actually prohibit parking? Would it be expected legally that if parking was acceptable, it would be stated specifically (ie. right or way and parking)?

londonlydia

Just as another idea- how about if you do put a barrier up, you put one up that is one of those ones you can take down to give ROW, usually with a padlock?

I'm thinking of the bars they put up to stop people accesing car parks/ bays at night, usually a metal bar that pops out the ground and is padlocked up? Sometimes you get them where they want to give ROW to ambulances but not normal traffic.

I know it would be a pain, but a well positioned metal bar as described above would mean that general visitors couldnt park, but you could when needed, and even your neighbour if he came and asked nicely

You would just have to carefully work out the position so it's on your land.

londonlydia

Here's the sort of thing I meant, this was the result of a very quick google so I suspect you could buy a cheaper or different one:

http://www.workplace-products.co.uk/product/heavy-duty-retractable-post/

londonlydia

on the same one there's a cheaper one even: http://www.workplace-products.co.uk/product/drop-down-post/

Unsureneedhelp

gRoberts wrote: »

Start taking pictures of the cars parking there and noting the registration and time. This usually causes them to shift and if not, then you have a log in which you can use as evidence should you need it.

I had installed a CCTV camera looking down my half of the driveway. This resulted in repeated visits by the Police as a result of complaints by my neighbour and his privacy etc.

I have in the last couple of weeks started to take photographs and have about 20 already.

Unsureneedhelp

FBaby wrote: »

I'm confused. Isn't there a difference between righ of access and parking? Surely the Deeds intention is to insure that both parties can access their individual garages, not using the driveway as a parking spot.

Are you sure the wording doesn't actually prohibit parking? Would it be expected legally that if parking was acceptable, it would be stated specifically (ie. right or way and parking)?

Hello FBaby

The deeds say that I have the right to pass and repass on his side in or out of a vehicle.

However, they say he has a right of way "on foot only" to my side. Admittedly a single line has been hand drawn through the words "on foot only". I currently trying to establish is a hand written amendment to a typed deed, so be initialled by all parties in acceptance to make it binding or not.

There is no reference in any of the documentation to my home to parking. However, from what I have read, if anything I have the right to park there, even though I never have. I found this on another website

"Rights to park may be found in pre-car terminology of some
conveyances. The inclusion of the phrase “to pass and repass”, has
been interpreted to imply a right to park, especially when viewed in the context of sec.62(2) of the Law of Property Act 1925. It has been argued that a right to park can be implied from the wording of sec. 62(2) of the Law of Property Act 1925.

“The conveyance of land having houses or other buildings
thereon shall be deemed to include… all liberties, privileges,
easements, rights and advantages whatsoever appertaining or
reputed to appertain to the land, house or buildings conveyed."