Dispute over driveway

Cakeguts

moneysaver12 wrote: »

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

That marks the line of the sewer.

teddysmum

As the house is relatively new, the builders probably still have the original plans in the office , so may be able to clarify.


It does seem odd that the OP's property includes the drive in front of their lawn, making them responsible for upkeep, but having very little (actually no ) use for it; just needing the part near the public road.

Cakeguts

The blue mark on the plan is not anything to do with a driveway it is where a sewer runs. The driveway has been moved. It originally ran down the side of the house opposite where there is now a small garden with a wall in front of it. It went over the side of the front garden of the house opposite and down the boundary of the OPs house. The furthest side wall of the garage almost lines up with the boundary of the OP's garden. I would say that at least 2/3rds of the width of the drive is on the OP's plot if not all of it.

The problem has been caused by whoever has put a garden on the driveway down the side of the house opposite. This garden is on top of the access drive to the next door neighbour's garage.

Davesnave

moneyistooshorttomention wrote: »

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.

The driveways aren't marked, but it's clear enough from the last picture posted..... and it sure beats all the speculation!

moneysaver12

13. Not to obstruct or cause or permit to be obstructed any road path
drive or access area which serves the Ben Bailey Land in common with
other land

what does this mean?

Davesnave

moneysaver12 wrote: »

13. Not to obstruct or cause or permit to be obstructed any road path
drive or access area which serves the Ben Bailey Land in common with
other land

what does this mean?

Ben Bailey is the former name of builders Avant Homes, so this looks to be a condition laid down at the time the site was under development and it may not be relevant now.

G_M

Maybe I'm being slow, but I'm confused.

1) Which Plan is for your property and which is the neghbours?
2) what Plans are these? The developer/builder's or the Land registry?
3) What do the respective LR Titles say?

I really don't believe this is not straight-forward in legal terms.

Whether you choose to enforce (or abide by) the strict legal rights/obligations, or have tea and cake and reach a common sense agreement is up to the two of you.

stator

Cakeguts wrote: »

The blue mark on the plan is not anything to do with a driveway it is where a sewer runs. The driveway has been moved. It originally ran down the side of the house opposite where there is now a small garden with a wall in front of it. It went over the side of the front garden of the house opposite and down the boundary of the OPs house. The furthest side wall of the garage almost lines up with the boundary of the OP's garden. I would say that at least 2/3rds of the width of the drive is on the OP's plot if not all of it.

The problem has been caused by whoever has put a garden on the driveway down the side of the house opposite. This garden is on top of the access drive to the next door neighbour's garage.

Nobody has moved the driveway, you are mistaking the position of the garage on the map. The garage is shown as two rectanges on the edge of the land of 76. The land immediately north of that is a brick driveway.

The plans are very clear


The red line is OPs boundary, blue line is 76

marliepanda

stator wrote: »

Nobody has moved the driveway, you are mistaking the position of the garage on the map. The garage is shown as two rectanges on the edge of the land of 76. The land immediately north of that is a brick driveway.

The plans are very clear


The red line is OPs boundary, blue line is 76

This makes far more sense. OP only needs access to the very end portion to access their drive.


Parking opposite the window shouldn't be an issue...

teddysmum

I've been nosy and from details shown ,found Google links to the properties. (Google Street and lettings)


Indeed the landlord did advertise as having a private drive, but the drive mentioned is much shorter and the front gardens smaller than the plans and photographs, on here, suggest.


Also, I can't understand why the OP needs access via the drive ,so it's odd that it wasn't originally allocated to the rear property alone and think the casual passer by would assume this was the case.


The letting ad photos also show that the house next door appears to have parking where there would usually be a lawn, so no need to park on the driveway.