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Driveway right of way EDITED PLAN AND INFO

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Comments

  • AnnieO1234
    AnnieO1234 Posts: 1,722 Forumite
    The garage size isn't big enough for any tall or wide car. A renault scenic is about your maximum.

    The yellow on the original plan shows the extent of the shared driveway and is part of the turning circle. That is in the deeds specifically.

    The red line indicates the extent of 90's plot including their portion of the shared driveway. 89's plot extends from their garage wall in a straight line across the shared driveway and joins up with the further side.

    I think 89 are on shakey ground. They say that while ever a car/van can get between the flower pots they're not impeding access. They're simply stopping the overhang.

    90 should not be parking cars in front of the garage but who said two wrongs make a right? xxx
  • UKSBD
    UKSBD Posts: 842 Forumite
    Part of the Furniture 500 Posts Name Dropper
    chances are, that for panning purposes cars have to be able to enter and exit in forward gear which would mean no cars shouldn't be parked there as it is the designated turning area.


    Where is 90's turning area? Is part of 88 a shared area too?
  • Cakeguts
    Cakeguts Posts: 7,627 Forumite
    Sixth Anniversary 1,000 Posts Name Dropper
    From the way it looks to me and I am not an expert. It looks as if the builder has included the parking spaces in front of the garages for no 90 in their plot as the boundary line goes round them. The planters should not be there because they are blocking the access rights of no 90. Unless the deeds for 89 say that the land included within the boundary of no 90 is also shared then 89 can't use it. Someone would need to check what is in the deeds for 90. They may think that they own this land because that is what the map appears to indicate.
  • AnnieO1234
    AnnieO1234 Posts: 1,722 Forumite
    Cakeguts wrote: »
    From the way it looks to me and I am not an expert. It looks as if the builder has included the parking spaces in front of the garages for no 90 in their plot as the boundary line goes round them. The planters should not be there because they are blocking the access rights of no 90. Unless the deeds for 89 say that the land included within the boundary of no 90 is also shared then 89 can't use it. Someone would need to check what is in the deeds for 90. They may think that they own this land because that is what the map appears to indicate.

    It does. The area marked yellow on the plan indicates the shared drive for the use of all 4 properties.

    The drive is divided into 4 sections each section within the boundary of it's adjacent property but all 4 sections have access to it in it's entirety and all 4 are responsible for a fair and reasonable portion of the upkeep of the entirety of the yellow driveway.

    xxx
  • AnnieO1234
    AnnieO1234 Posts: 1,722 Forumite
    Number 89 is stating that by placing flower pots strategically on their land (it is their land although others have access rights) they are preventing parking which in their mind means they're going by the book in the sense that the deeds say they are not to permit parking.

    It's correct that the turning area is to allow people to drive off the driveways safely.

    Apparently every property had 2 spaces divided between either wholly garaged, wholly on the drive or one drive one garage iyswim. xxx
  • warby68
    warby68 Posts: 3,140 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    Probably not helpful, but it looks like No 90's garage was built in the wrong place as it seem odd that No 90 wouldn't have a bit of drive that was entirely their own. I could understand 2 parking spaces each and a shared bit to turn round but not a bit that doubles as parking/turning and isn't really big enough either.

    Not impossible either - we've lived somewhere where builder had to knock something down and start again
  • UKSBD
    UKSBD Posts: 842 Forumite
    Part of the Furniture 500 Posts Name Dropper
    Seems to be that the person causing the problem is 90.
    They should park in their garage not on the other peoples turning area.


    Is all of the garage theirs or is it 2 garages?
  • Cakeguts
    Cakeguts Posts: 7,627 Forumite
    Sixth Anniversary 1,000 Posts Name Dropper
    However 89 or any other property does not need to use the land in front of the garages in order to access any of their properties. Technically speaking you could drive down the shared drive and straight up the drive of no 89 without ever needing to go onto the land in front of the garages. If the shared drive is for access to the properties then 89 can't argue that cars parked on the land in front of the garages prevents them from accessing their property because they don't. However the planters do prevent access.
  • UKSBD
    UKSBD Posts: 842 Forumite
    Part of the Furniture 500 Posts Name Dropper
    Cakeguts wrote: »
    However 89 or any other property does not need to use the land in front of the garages in order to access any of their properties.


    They probably need to reverse on to it to drive out safely.
  • Cakeguts
    Cakeguts Posts: 7,627 Forumite
    Sixth Anniversary 1,000 Posts Name Dropper
    UKSBD wrote: »
    They probably need to reverse on to it to drive out safely.

    Yes but that is not part of accessing their property that is part of accessing the public road.
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