is it a shared drive

msdl28712

Recently spoke to my neighbour about erecting a fence between the houses (both are end terraced) as at the moment both properties back gardens are open to each other and i and my family would like to have some privacy.

There is a garage on both properities side by side situated about four meters of the back of the house which neither is used for storage of cars. The neighbours is used to run a small noisy business from.

I intend to come of the front of the garage and in between the two house.

His response was well i hope youve got a good expensive solicitor his deeds state its shared .

I have checked my register of title which doesnt state anything about a shared driveway and that a full red line goes around my boundary as expected.

Now ive got a copy of there register of title and plan theres deeds seem a little confusing and i cant seem to understand it

here what it says.

"TOGETHER WITH and SUBJECT to all rights of way water light drains

and other party rights and easements as heretofore used and

enjoyed or which would have been so used and enjoyed had the

property hereby conveyed and the adjoining properties never

previously been in the same ownership."

NOTE: Coal and ironstone are excepted.


and also

A Conveyance of the land in this title and other land dated 7 July

1938 made between (1) xxxxxxxxxxxx

(Vendors) and (2) xxxxxxxxxxxx ) (Purchaser) contains the

following covenants:-

For the benefit of the adjoining property of the Vendors or on the

part or parts thereof for the time being unsold so as to bind the

property hereby conveyed unto whosesoever hands the same shall

come but so that the Purchaser shall not be liable for any breach

of the covenants hereinafter mentioned after he shall have parted

with the land hereby conveyed hereby covenants with the Vendors

1. To observe the building line from time to time prescribed by

the Local Authority

2. To erect and for ever thereafter maintain a good and sufficient

fence on those sides of the said land marked "T" on the said plan

3. Not to erect upon the land hereby conveyed or any part thereof

except upon the portion thereof which is coloured pink any

building or erection except a private dwellinghouse with or

without a garage thereto and not to permit the land or any part

thereof to be used for any noisy or noxious or offensive trade or

business

NOTE 1: The "T" marks referred to affect the southern boundary of

the land in this title

NOTE 2: The land coloured pink referred to does not affect the

land in this title.

Sorry its long winded but can any help here is it stating anything about a shared driway which they keep repeating

Thanks

Marc

pimento

I would say that if it isn't possible to get a car up the drive if it has been divided into two, then yes, it's a shared drive.

I_have_spoken

Neighbour could have a claim under adverse possession if it's been used as a shared drive for > 12 years.

msdl28712

his garage is used as a work place for years though and not as a gagage for car access

PasturesNew

What you need to do is put a fence up between your nearest corner of your garage and nearest corner of your house.

Removing the access to even your own garage is likely to cause a drop in value of your house when you come to sell it as you're eliminating buyers that will want to use the garage for a vehicle.

mummyroysof3

Ours is shared access which is one drive then we both got a parking space on back garden. We couldn't put a fence all way down middle of drive

mummyroysof3

I wouldn't anyway as I think it would affect value of house to make it so there is no off road parking

msdl28712

ok thanks id be happy with that but does anybody know if there deeds are actually stating this to be a shared driveway

Thanks

Marc

System

What is the land coloured pink?

Mojisola

msdl28712 wrote: »

his garage is used as a work place for years though and not as a gagage for car access

That's completely irrelevant! A right of way doesn't stop being a ROW because someone isn't using it.

As the shared drive/ROW has been in use since 1938, it doesn't matter whether you can find the words specifying it in the deeds - the time it has been in use means you can't put a fence up.

msdl28712

!!!!!! wrote: »

What is the land coloured pink?

on there plan nothing just a solid red boundary line