Right of Access Shared Driveway

McTaggus

Hi There,

I hope you are all enjoying the weekend!

I was hoping someone might be able to lend some advice. Our house has a shared driveway area with our attached neighbours. The driveway is one car in width, and extends from our back door to their front door and then out onto the road. Ownership of the driveway is split directly down the middle of the driveway (they have the section adjoining the road, we cross their section of the driveway to reach the road). We benefit from the following right of access as per the land registry records:

Subject to paying 50% of the cost of the maintenance of the accessway and roof over it forming part of the retained land a right of way for the Transferee with or without vehicles at all times and for all purposes over and along the accessway delineated on the plan referred to in the First Schedule and thereon coloured brown

We haven't had any issues with this previously, as the tenants in the attached house have never owned a car, therefore its never been an issue in terms of getting our car in and out of the driveway (our section is at the back of the driveway). However, they have now decided that they want to buy a car and park it outside their house, which would effectively block us from being able to get in or out freely.

Does the right of access provision from the LR mean that they are not permitted to obstruct our access with their car? Our solicitor, when we bought the house, was of the view that this couldn't be obstructed, however I just want to check that I've been correctly informed before I raise it to them / their landlord if they start being their usual aggressive selves about anything and everything.

Truly appreciate any help you can lend! Thanks in advance!!

McTaggus

societys_child

a right of way for the Transferee with or without vehicles at all times and for all purposes over and along the accessway

"at all times" suggests to me that they can't park or block access at any time.

Think your solicitor is correct.

PasturesNew

They cannot park their car there if it prevents you from having your rights to pass/repass with your car, or on foot etc.

Technically speaking, they shouldn't even stop on the driveway to load/unload, but if they weren't doing it often/long and it didn't affect you then you might let that go. But, they can't park on the driveway.

The shared driveway is there to enable both houses to get there/back, not to park or use it for anything other than passing over it. They also couldn't, say, have their kids playing there, nor host a BBQ afternoon. It's for passing over as often as you like to get to/from your property - and nothing else.

McTaggus

Sincerest thanks to both of you for such a quick response, it's truly appreciated!!

PasturesNew, we have always tried to be somewhat flexible - I have never taken exception to his elderly mother parking on it for an hour or so at the weekends, but was dreading a scenario where I couldn't actually get in and out of my driveway because they were parked there all day every day....!

Again, thank you!

ProDave

I assume both houses actually have somewhere to park other than the shared access bit, so that is where they should park if they choose to have a car. The fact it may be a little further from their door is just too bad.

The landlord should make the tenants aware of the rights and responsibilities of the shared access part.

If they do block it, I would make a point of choosing to go out and forcing them to move, and keep coming and going and forcing them to move until they get the message.

scd3scd4

I had a work mate with the same problem. he tried to explain and be nice............that never worked so he woke them up at 4.30am a few times on the way to work to get the car out and then started to block the drive himself. They soon got the message.

G_M

Do you know the owner?

If tthe tenants theselves are uncooperative have a word with their landlord.

Strictly speaking their tenancy agreement should reflect the Land Registry and make clear the can use, but not block, the drive. But frequently TAs don't sufficiently reflect relevant terms of insurers, leases, covenants etc.

McTaggus

Thanks to all for the responses. I'm hoping to meet the owner next week, so if this isn't resolved, will be raising it to him then. I have also advised they contact their landlord if they need clarity as to the situation.

Thanks again all, and have a great rest of your weekend!

McTaggus

G_M

If you've spoken to them and hey either don't believe you or understand, have you shown them a copy of the Title documents for both your, and their, properties?

McTaggus

Thank you G_M. Spoke to them again today, and their LL has confirmed that they cannot park outside their house and block our right of access. She's still saying she doesn't believe the LL (and his tenants) can't do what they like with a driveway that the LL owns and that she would like to check it with a solicitor, so I am going to do as you suggest and print a copy of the title documents for both properties, so she can expend the money to be told the same thing...!

Thank you as always for your help!

ProDave

Just put plan B into operation.

Every time they park, blocking your access, decide you need to leave or enter your property. Just drive up to their parked car and sit there tooting your horn until the move.

Repeat until they get fed up keep moving.