is it a shared drive

msdl28712

Mojisola wrote: »

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.

garages was erected later than 1938

ok let me ask you a different scenario both parties agree to the fence then he sells the propery the new owner looks at his deeds and does it state it was a shared driveway/access

I_have_spoken

As the neighbour says, you'll likely be best taking advice from a solicitor who specialises in land law before making a move.

melb

go on the forum of the Gardenlaw website and ask your question there is my advice. There is a specific forum for rights of way I seem to remember. if only we had had internet access during our boundary dispute it would have been so much easier - instead I had to make regular trips to our local county court library!

G_M

msdl28712 wrote: »

on there plan nothing just a solid red boundary line

WHERE?

Does the red line on your Title Plan marking the property boundary go down the centre of the drive? Or down one side of the drive? Which side.

Same question for the Plan on their Title docs.

The wording you quote does not answer the question as it does not make clear what it is referring to the property? The drive? Full document needs to be read.

How wide is the drive? If the width of a single car, and given that each house has a garage, it is logical (but not necessarily legally correct!) that either
1) the drive is shared or
2) one property owns it, but the other has a ROW over it.

Either way, a fence blocking the drive would be a breach:
1) if shared, consent from both parties would be needed to erect it
2) or a fence would block the ROW

However, if the drive is width of TWO cars, then a fence would not block the ROW and it is more likely that the boundary runs down the centre of the drive with each priperty owning 'their' half.

Of course, even if the precise legal status is unclear, any arrangement is possible provided both parties agree, and, to be sensible, draw up a Deed binding on each side, and their successors in Title.

msdl28712

G_M wrote: »

WHERE?

Does the red line on your Title Plan marking the property boundary go down the centre of the drive? Or down one side of the drive? Which side.

Same question for the Plan on their Title docs.

The wording you quote does not answer the question as it does not make clear what it is referring to the property? The drive? Full document needs to be read.

How wide is the drive? If the width of a single car, and given that each house has a garage, it is logical (but not necessarily legally correct!) that either
1) the drive is shared or
2) one property owns it, but the other has a ROW over it.

Either way, a fence blocking the drive would be a breach:
1) if shared, consent from both parties would be needed to erect it
2) or a fence would block the ROW

However, if the drive is width of TWO cars, then a fence would not block the ROW and it is more likely that the boundary runs down the centre of the drive with each priperty owning 'their' half.

Of course, even if the precise legal status is unclear, any arrangement is possible provided both parties agree, and, to be sensible, draw up a Deed binding on each side, and their successors in Title.

The boundary goes down the centre between both houses stated on both plans

The width would only allow one car to enter

i seem to coming across as a nuisance neighbour but im not i have no intention of causing a problem for myself and my neighbour.

To be honest he had mentioned to my brother who lives next door to him other side that he had intended to erect a fence between the houses because he wasnt sure on the type of neighbours hed get but that is just in conversation

Id just like to know is there deeds stating its shared and what is describing this or is it just as mentioned became a row

Thanks

Marc

ValHaller

Ownership is largely irrelevant here. The question is whether there is an easement in place - in which case the beneficiary of the easement has more rights than the owner of the property,

If the garages were put up after the houses were built, the easement may not be written up into either the original property deeds or into a separate deed of easement. But you could find that an easement has arisen (by prescription?) simply through use.

Don't go messing with easements - it could turn into a nasty legal dispute which has to be declared to any buyer and will probably devalue your property even more than the simple loss of use of the garage.

G_M

Since the boundary goes down the centre, then clearly you own half the width of the drive (and are responsible for maintaining it to your own satisfaction - just as you do your roof).

That gives you the right to do as you wish ... on your half. ie you can erect a fence, provided the fence is not on any part of your neighbour's land.

HOWEVER, it seems highly likely that your neighbour would have a ROW over your half of the drive (and similarly you would have a ROW over his half. Otherwise neither of you could ever put a car in your garages.

If that is so, then a fence would breach the ROW.

This ROW may be
* explicit: written in the Title, or a related Conveyance (such as the one you partially quoted)
* implicit: it may exist as a result of years of use (eg you've been using his drive to access your garage for the last x years.

The latter would be more problematic to enforce of course, and I don't know the legal ins/outs involved.

edit: cross-posted with valhaller who sums it up better!

Slinky

and not to permit the land or any part

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

business

You say he's running a noisy business from his garage. Does he have this covenant in his deeds also......

msdl28712

Slinky wrote: »

and not to permit the land or any part

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

business

You say he's running a noisy business from his garage. Does he have this covenant in his deeds also......

Yes this is what is said in his deeds

Thanks

Marc

G_M

Slinky wrote: »

and not to permit the land or any part

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

business

You say he's running a noisy business from his garage. Does he have this covenant in his deeds also......

Well spotted that man!