Fence between halves of a shared driveway

Furts

There is a shared drive behind my home. Some years back I saw the Conveyance Plans and my memory is the drive was split into three strips down the length of it. Legally each owner had a third width. Which meant nobody would put a fence down because it would prevent access. But if somebody was crazy to follow this concept the Covenants said no fences to the fronts of homes.


Who owns the turning pieces, who parks where? The neighbours sort this among themslves on a fair play basis. No rows or issues - life is too short here.

Mojisola

ChrisK..... wrote: »

A SHARED driveway is just that - The whooooooooooooooooooooooooooole drive is SHARED - So neither you nor the neighbour OWN any specific part of it

That may be case or it may be that both properties do own half of the drive but have a right of way across the neighbour's half - that's the way the 'shared drives' work round here.

The right of way means that neither can fence up to their boundary - the neighbour has to be allowed the use of the whole drive.

Silvertabby

Would something like this solve your problem?

PasturesNew

I would point out that the term "Shared Driveway" is oft misused. There is rarely actually a "shared driveway". The term is a sweeping generalisation. One poster above said a shared driveway belongs to no one individual, another said theirs was 3 distinct strips, owned by 3 individuals, where the others had the right to pass over.

Somebody will own ALL the driveway. It might be in individual freehold strips - with other/s having the right to pass OVER (but not stop or any other nonsense) along that route - and that right might be restricted to "on foot" or vehicular; it might be restricted by domestic activities (bins, visitors) and so for no commercial activities (can't use it as a way for clients to come if you're running a hair salon or childminding, say).

Where a true "shared driveway" would exist, the land would be owned by the parties jointly, or separately by another organisation/company, under a separate title probably. It is therefore "easier" to set up a situation where individuals/properties own specific parts and others have a list of rights they have to cross over it (or not).

It's important for anybody who speaks of a "shared driveway" to see the actual deeds to ascertain what the situation is in their case, before they can make plans, have chats and move forward.

Sea_Shell

There was a thread a little while ago where a neighbour had done this...and caused poster huge inconvenience.

J_B

Sea_Shell wrote: »

There was a thread a little while ago where a neighbour had done this...and caused poster huge inconvenience.

My thoughts too - one way to annoy your neighbour perhaps??

scd3scd4

Like I said.............a friend has a house where the garage is on the side and the neighbour has a mirror image. The garages are at the end of the short driveway. There is enough room for one large car or van to pass. No vehicle is allowed to park on the shared road to and from the two garages.


She is now selling the house after the mum died. The driveway is shared. I know this as over the years she has had to remind the neighbour and their visitors not to park on the shared drive, its been a constance bone of contention.

GrumpyDil

Actually I agree the legal ownership will not be shared and someone will own the land but there will be rights and obligations over the land.

We previously owned a property which had a bedroom over the driveway through to garage parking behind the property for five houses. The land for the driveway formed part of my property to prevent the creation of a flying freehold but all the other properties had rights to drive over the land along with an obligation to contribute equally to any maintenance.

scd3scd4

I suppose we can all speculate what we want, it means nothing. Best to check your deeds/land register. and then go from there. Being right of course wont help your long term relationship with your neighbour.