Driveway right of way EDITED PLAN AND INFO

AnnieO1234

s1228.photobucket.com/user/Ann_Hampshire/media/Title%20Plan_zpsqhuijyt0.jpg.html

(I can't get this to work as a hyperlink, don't know why. First time I've tried to use a photo host ! xxx )

Okay, I've still got a couple of bits to lift from the Transfer document which I've now received.

Property 89 in the plan purchased approximately 6 months before property 90. In the interim the developer attempted to remove the rights of 89 to go on 90's land which was part of 89's turning circle. 89 refused to do so. 90 purchase went ahead.

88 has room in front of their double garage to park 2 reasonable sized vehicles. Something like a Focus can be parked without access impeded to the car. However something larger, say a Mondeo Estate or an X3 would need to park up to the door to not be parking on 89's land.

I'm just going to copy up the parts in the deed now. I believe 89 is specifically prevented by the deeds from placing anything that would obstruct the drive way, but at the same time their obstruction would be to counter another obstruction so I'm unclear on what the position is.

Back soon xxx

AnnieO1234

Not to deposit anything on the Shared Driveway or to obstruct or permit the same to be obstructed and not to allow any occupier of or visitor of the Property to infringe this covenant.

I think that one is pretty succinct. Also:

A right of way for the owners or occupiers for the time being of the adjoining or neighbouring properties on the Development who may require to exercise it at all times and for all purposes of access to an egress from those adjoining or neighbouring properties with or without vehicles along over and upon the Shared Driveway falling within the Property subject to any adjoining or neighbouring properties exercising such right paying a fair proportion of the proper cost of maintaining repairing and renewing the Shared Driveway

silvercar

http://s1228.photobucket.com/user/Ann_Hampshire/media/Title%20Plan_zpsqhuijyt0.jpg.html

AnnieO1234

Thanks Silvercar, all I kept getting was a broken link xxx

moneyistooshorttomention

I'm getting a bit confused looking at that plan.

Is the bit with dashed red lines around it that looks like it might belong to no. 90 what house no. 89 is referring to as their turning circle?

I cant see (from the plan) why no. 89 would be wanting to use no. 88's land.

AnnieO1234

moneyistooshorttomention wrote: »

I'm getting a bit confused looking at that plan.

Is the bit with dashed red lines around it that looks like it might belong to no. 90 what house no. 89 is referring to as their turning circle?

I cant see (from the plan) why no. 89 would be wanting to use no. 88's land.

The red dashed lines belong to a sewer easement and aren't relevant to this issue.

Also 89 using 90's land as turning circle is from the original deeds from their purchase. It's not relevant to the current issue. The issue lies in that when 90 is parked on what have been deemed to be parking spaces when they purchased in any larger vehicle they are parking across the shared driveway onto 89's land in so far as to impede access by 89 onto their own parking spot and land. Hope that makes sense.

xxx

AnnieO1234

Apologies, got the numbers mixed up. House numbers work the other way from the plot numbers doh! The house in question is 90 and 89 xxx

moneyistooshorttomention

That makes it clearer.

So - is No. 90 parking their vehicles then in the square box (divided into 4 squares) that is to the left of the square box with dashed red line around it?

If so - I'm not quite clear how their vehicles could be impeding no. 89 getting into their drive? Do the back of no. 90's vehicles protrude into the dashed box?

tom9980

is this what you mean? Black being number 90's cars and blue being number 89 cars?

i am assuming the building at the end of the shared by the black cars is a garage for 90?

Cakeguts

tom9980 wrote: »

is this what you mean? Black being number 90's cars and blue being number 89 cars?

i am assuming the building at the end of the shared by the black cars is a garage for 90?

Has 89 altered their parking to include parking space that is not part of the original driveway?