Private rented shared drive

hopesanddreams

Need help moved to a private rented property 2 years ago advertised through the estate agents as having off road parking on a private drive. Turns out from day 1 its a shared drive and that the neighbours have no intention of letting us use it. After lots of arguing being blocked in etc we decided just to not use it at all and parked in the street. You would think that would be an end to it but no…they go out of their way to block access to our back garden. On bin days they use several cars to block the drive so i cant even put my bins out. Ive had to cancel the window cleaner and the gardner as they couldnt get to the back of the house. When my children are coming and going they point take pictures snigger etc. I am trying my best to maintain a dignified silence but not sure how much longer I can hold out! I cant go all guns blazing (which i would much prefer) because my kids get really upset. My work colleague mentioned some type of injunction? What do you think? Would I need police reports etc? Any advice would be great. Thanks.

19lottie82

Prob not what you want to hear but if its that bad I can't see them getting any better. Tbh I'd just move if you can't put up with it, at least you only rent and didnt buy it

skivenov

People like this only understand one thing. A large van/4x4 showing up with a towrope and starting to hitch up to their car.

My mate had a similar problem, his neighbour looked down her nose at him and asked if he would like her to ask her husband to move his car when he has a moment. He said "No, don't worry about it, I'll get my mate to do it"

They were very obliging after I rolled up in my van, dragged a big heavy tow chain out the back and startted looking for places on their car to hook on to.

BobQ

hopesanddreams wrote: »

Need help moved to a private rented property 2 years ago advertised through the estate agents as having off road parking on a private drive. Turns out from day 1 its a shared drive and that the neighbours have no intention of letting us use it. After lots of arguing being blocked in etc we decided just to not use it at all and parked in the street. You would think that would be an end to it but no…they go out of their way to block access to our back garden. On bin days they use several cars to block the drive so i cant even put my bins out. Ive had to cancel the window cleaner and the gardner as they couldnt get to the back of the house. When my children are coming and going they point take pictures snigger etc. I am trying my best to maintain a dignified silence but not sure how much longer I can hold out! I cant go all guns blazing (which i would much prefer) because my kids get really upset. My work colleague mentioned some type of injunction? What do you think? Would I need police reports etc? Any advice would be great. Thanks.

You say "turns out from day 1 its a shared drive". Why did your solicitor not point this out beforehand? What do your deeds say about the drive? What do their deeds say? You can look at both on the land registry website.

If its a shared drive do they own it or do you own it? Or is it shared ownership? Do the deeds give you each a right of access over the drive that is owned by the neighbour and vice versa?

While the above may affect how you proceed if it is a shared drive neither party has any right to put bins on it let alone a car. The right is to access a garden or a garage over the land of the drive not to park on or obstruct it.

Did the previous owner have any issues? Why not ask them?

My advice is to get the legal position clearly understood. Assuming you do have a right of access over the drive (and you may not!), I would proceed as follows.

I would firstly write to the neighbours and state the legal position in simple terms. I would explain that you would like to deal with the matter in an amicable manner if at all possible. I would then say that if the neighbour does not cooperate or continues to infringe your rights you will take legal action and that can only involve expense for the neighbour and yourself. Explain that you would like to discuss the matter in a constructive way but that if the neighbour does not cooperate you will take further legal action.

If you manage to discuss it and agree something confirm the agreement in a letter and take photographs of any infringements that subsequently occur. Then carry out your promise and get a solicitor to write to them.

To do anything else is to allow your neighbours to walk all over you.

It may be that the neighbours have been used to having it all their own way, but this does not mean that you have to put up with it.

In practice there are only three courses of action (a) let them trample all over your rights (b) enforce your legal rights or (c) compromise and cooperation.

(b) may mean that the drive has to stay empty of all vehicles and bins and only get used when entering or egressing from the rear of the properties.

(c) may be achievable if both parties cooperate.

pimento

The OP said in the very first sentence "moved to a private rented property" so they don't own it, they're renting.

OP, I reckon you've discovered why the owners now rent it out..

I'm firmly in the 'life's too short' camp and reckon you should leave the neighbours to it and move.

pimento

Oh, and if your children are small and the neighbours are taking their photographs without your consent, I would be advising them that you will be telling the police about the suspicious behaviour of your neighbours.

fishpond

Inform the landlord what is happening.
Assuming you are on a periodic tenancy, give 1 months notice at the correct time.
Start looking for a new property to move into.
Move.

Lou67

Gawd they sound AWFUL! I dread moving one day, and having neighbours like this. I think they are few and far between though, and this sounds extreme and rare. They sound nuts TBH. I would definately move if it was just private rent.

Windsorcastle

I agree with others that there is no point wasting any more time worrying about these t***ers. You are very lucky you are renting and didn't buy the dump, otherwise you'd probably have trouble offloading it. Get looking for somewhere else and move asap. I would hate anyone to be laughing at my kids or making them feel stressed and uncomfortable on visits; that is horrendous. Get out asap and go and live somewhere in peace. Good luck.

hopesanddreams

Thanks moving is the only option I suppose… not fair though is it??!!

BobQ

pimento wrote: »

The OP said in the very first sentence "moved to a private rented property" so they don't own it, they're renting.

OP, I reckon you've discovered why the owners now rent it out..

I'm firmly in the 'life's too short' camp and reckon you should leave the neighbours to it and move.

Sorry I missed that point. In which case it might not be a good idea to assume what the owner thinks. Many landlords assume that the property is fine unless they know otherwise.

Its at least worthwhile asking the question since the landlord may want to sell at some time and this will be an issue.

It many also be the case that the neighbour is a tenant? In which case the owner may want to know the tenant is causing a problem.

Either way, I agree that as a tenant the OP may be better looking for another place.