Dispute over driveway

moneysaver12

Says this on the deeds for next door (when it says yellow, it is talking about the blue bit)

(d) Not to use the yellow land except for agricultural or residential
garden purposes or as open space or for roads and services
(e) Not to plant trees hedges shrubs or non-boundary fences on the
yellow land
(f) Not to alter the original level of the surface of the yellow land
(g) Not to cover or obscure any manhole cover or chamber or other
access or which relates to or which lies over the sewer in the yellow
land
(h) Not to allow

Cakeguts

What is on the plan does is not the same as what is on the ground. The cross hatched area lines up with the small garden down the side of the wall opposite. That garden looks to me from the plan as if it has been build on the driveway. That neighbour's front garden also doesn't match the plan there shouldn't be a bulge in the front lawn. On the plan the cross hatched area is a straight line from the road so it runs over the bulge in your opposite neigbour's front garden and down the side of the house over that side garden. The garage that is on the ground appears to be a single garage but the one on the plan is huge and appears to be a double and it is almost on the boundary between you and your next door neighbour so that there wouldn't be room to park a car there.

I can't tell from the plan what is behind the garage building that your neighbour says is his garage. However what appears to be a driveway to his garage is on the plan part of your front garden. The problem is that your neighbour owns a house that doesn't at the moment have an access to the garage since what he has there crosses your land when it should cross the small garden opposite. The cross hatched area lines up with the extension on the back of the house opposite. Also the garage that is there is not the garage that is on the plan for his house.

To start to solve this you need to find look at your title to find out if he has a right of access across your land it should say. If he doesn't then it appears that the drive you have is in the wrong place. The house is let is that because he can't sell it because the title plan for his house doesn't match what he has tried to sell?

Did you buy your house from new? Someone has altered the layout of the boundaries of the house opposite it could have been the builders who then didn't amend the plan or it could be that the neighbours fancied a bit more garden? But the drive appears to have moved which is probably why you find it so difficult to get your car in and out. If you were able to drive over the cross hatched part which is now under the garden opposite you would find it much easier.

curls

Hi,

The red boundary lines on plans is posts 48 and 51 agree. Seems your neighbour does own all the tarmac from the road to his garage but presumably the hatched part should be access only and there ought to reference to this in both your deeds.

stator

Looks clear cut to me. Your neighbour owns the driveway and you may have a right of access over it.
The red line defines the boundary of your property. The driveway is within your neighbours red line and not within your red line. Therefore it is his.

moneysaver12

Thankyou Cakeguts.

I have looked at both deeds and it doesn't say anything about the drive, just the blue area. I shall take a picture of the other plan we have.

We only bought the house in december, the houses are about 17 years old. The house next door was sold in a part exchange to a builders, then the ll bought it from the builders. We too bought this house from the builders.

moneysaver12

free photo hosting


This is another copy of the plan

DaftyDuck

As far as one can tell from the information you have supplied, it couldn't be more clear! You own the land up to the near side of the line extending from the neighbours garage. They own the drive in front of their garage. You do not own any of the line in front of their garage and, indeed, there's an indent in what you do own on the road edge, probably indicating you don't have the automatic right to park a car as far forward as you have.

You may have rights to drive over parts, but it is not yours to park on, nor dictate how others park. How others park may be dictated by your and their deeds.... but, as in so many things, even this may not be clear.

As G_M recommended a while back, tea & cake! let them park in front of their garage, on their own land. Try not to block them in. Hope they try not to block you in. If either do, a friendly light ding of the doorbell, a brief rap on the door, and a cheery "can you let me out?", accompanied with a smile.

The alternative is tin hats and barbed wire... and regulars on these boards will know the insanity (and cost) that can ensue!

Tea and cake. Or, my version, bottle of plonk!

moneyistooshorttomention

Personally - I looked at that diagram and came to the conclusion that I'm blowed if I could tell just who owned the driveway from that.

moneysaver12

DaftyDuck wrote: »

As far as one can tell from the information you have supplied, it couldn't be more clear! You own the land up to the near side of the line extending from the neighbours garage. They own the drive in front of their garage. You do not own any of the line in front of their garage and, indeed, there's an indent in what you do own on the road edge, probably indicating you don't have the automatic right to park a car as far forward as you have.

You may have rights to drive over parts, but it is not yours to park on, nor dictate how others park. How others park may be dictated by your and their deeds.... but, as in so many things, even this may not be clear.

As G_M recommended a while back, tea & cake! let them park in front of their garage, on their own land. Try not to block them in. Hope they try not to block you in. If either do, a friendly light ding of the doorbell, a brief rap on the door, and a cheery "can you let me out?", accompanied with a smile.

The alternative is tin hats and barbed wire... and regulars on these boards will know the insanity (and cost) that can ensue!

Tea and cake. Or, my version, bottle of plonk!

Think I prefer your version a bottle of plonk.

You would think solicitors would give the right information. Even the people that used to live here said they owned the drive.

marliepanda

Its more likely to be a shared ownership of the drive, and even if you did own it, they would have full right of access over it, otherwise their property would be landlocked. Therefore no one could park on it.


Nobody should be blocking anyone in. That is just common sense.


Having their nose over your fence line in front of your living room window is a small annoyance, but otherwise, where would they park?


As you have no need to drive past your driveway, and parking past there would block another, it would make very little sense for you to have ownership of a useless piece of drive.