Neighbour blocked garage with fence

UKSBD

Is there enough room at the front of your house to widen the drive to make a parking area at the front?

If there is, personally I would prefer to have a fence running along the whole boundary and convert the old garage to a shed/outbuilding.

poddle911

mrschaucer wrote: »

If the driveway was indeed "shared" it would be noted as such in the deeds. Ditto if they each had right of way over each other's half.

We've just put in an offer on a house with this set up (eek!) but I've checked the property register and it says the following:

' together with a right of way for the Purchaser in title over the strip of land coloured yellow (next door's side of the drive) on the said plan in common with the owners and occupiers of xxxx (next door)'

There's also a clause about paying an equal proportion of the cost of maintaining the whole of the passageway. So, I'm hoping there's nothing to worry about...

It seems mad that this wouldn't be the case for OP's house, but if it's not on the title register then I've no idea. Good luck, OP! At least it sounds like you're on good terms with the neighbour - I would seek legal advice to clarify the situation, but keep it friendly with next door, as they may come around!

Kyresa

When you say the Deeds are you looking at Land Registry Office Copy entries? Do they refer to any older conveyances (with copy filed?) That may contain your answer if so.

davidmcn

ScorpiondeRooftrouser wrote: »

This is absolutely not something the solicitor should check. They don't look at the plans and wouldn't have known about there being a narrow driveway or a garage at the end of it.

The fact there's a garage ought to be self-evident from the OS plan (and the solicitor also ought to have a look at the marketing details to check what the property is meant to comprise). Admittedly it might not be obvious the property's half of the driveway is too narrow to get a car down, but things like Google Street View or aerial photos make it a bit easier these days for solicitors to check these things.

ScorpiondeRooftrouser

davidmcn wrote: »

The fact there's a garage ought to be self-evident from the OS plan (and the solicitor also ought to have a look at the marketing details to check what the property is meant to comprise). Admittedly it might not be obvious the property's half of the driveway is too narrow to get a car down, but things like Google Street View or aerial photos make it a bit easier these days for solicitors to check these things.

It's not their job to check for any possible rights of way that might be required. Just to check what exists. They do not poke about on StreetView on the offchance. You have a strange idea of what a solicitor's role is.

ScorpiondeRooftrouser

Johnny123123 wrote: »

I dont know where more to check than title deeds and title plans?
Why is our houses now unsaleable? Is it becuause this counts as dispute?

Your house is, of course, not unsaleable. It's worth at least as much as if the garage/drive had never existed; probably a little bit more on account of the garage being useful storage space. Maybe the person who made the "unsaleable" comment wouldn't buy it but most people buy a house based on what it actually is, not what they think it might have been.

sheramber

MysteryMe wrote: »

What would be the point of building a house with a garage that could not be used?

Do any other neighbouring houses have the same set up. I wonder if it might be worth asking if they have shared access stated on their deeds.

see post 59

davidmcn

ScorpiondeRooftrouser wrote: »

You have a strange idea of what a solicitor's role is.

Possibly. I've only been working as one for 20 years...

Jaywood89

I know someone work the exact same style of house. The garages were built when the house was in the 30,s with an ally way for access to them, too big for my car but not say a mini. They have shared access down the alley so not sure if yours is the same.

Badger50

Does an Implied Easement by Common Intention not require a transaction?

Yes, I think you are right on this, it needs to be a common intention at the time of sale. I think we do now know that the garages and drive were part of the original transaction.