Legal Boundaries Shared Drive

frannieannieee

Not sure if posting in right place, please forgive me if it isn't.

In process of buying a house, we're almost at completion and just waiting for the last few bits to trickle through from the seller.

We have been aware since viewing that the property has a shared drive with the adjacent property. When we were discussing offers, we did bring up to the EA that we were concerned about the drive being a problem as the adjacent neighbours are currently using the drive to park on. There is space at the front of the property and the drive inbetween then leads out into our two gardens. They have a garage at the bottom of theirs, and space for a garage at the bottom of ours.The EA said the seller advised this was only whilst the neighbours know that the property is vacant and won't be a problem when it comes to us moving in.

The 'SOLD' sign has now gone up and we pass the property frequently - and they are still parking one of their 2 or 3 cars in the drive. We noticed that they extended the back of their property so they don't have room to put their car in the back, and their garage is full of rubbish. Our solicitor has sent us a letter this morning to say they have made the bank aware that this is not a 'shared drive' as there isn't space for 2 cars and is just an access to the back. He has advised if we wanted to put a fence up, we'd be within our rights to but we can't use it as a 'drive'.

So, now that we're getting closer to the move, we're wanting to settle this as soon as possible to avoid any potential disputes over it. My partner has suggested we write a letter - but I'm unsure what we would say, how we approach it or if this should come from our solicitor. We only have one car however legally, they should not be parking there.

Any advice as to how you might broach it or how we should go about making them aware? I really don't want any issues before we even move in.

AdrianC

frannieannieee wrote: »

Our solicitor has sent us a letter this morning to say they have made the bank aware that this is not a 'shared drive' as there isn't space for 2 cars and is just an access to the back. He has advised if we wanted to put a fence up, we'd be within our rights to but we can't use it as a 'drive'.

Define "drive"...

If you think of a "drive" as somewhere to park, then you're right - it's not parking space.
If you think of a "drive" as somewhere to... drive... to access other space, then it is.

You're right they shouldn't be parking there. While the property's empty, it's irrelevant, except for them getting used to it. A "Sold STC" sign makes zero difference, because there's still nobody living there. It's not your property yet, it might never be. When it IS your property, you're going to move in fairly promptly, right...? As for the "rubbish", it may just be that they're taking advantage of the window of opportunity to sort stuff out, and it'll all be finished and the garage available again by the time you move in.

If you're worried about the neighbour's attitude to this, then... knock on their door? "Hi, I've put in the offer for next door, and just thought I'd pop round to introduce myself." Perhaps have a nice chat over a cuppa. If you think they're the type who are going to be gits over this, then do you really want to live next door to them...?

Does Streetview show cars parked there?

frannieannieee

Thanks for your reply!

Just checked street view from June 2018 and yes there's a car there. I know it's not the current owners as it's a property development/investment so hasn't been lived in for almost 2 years.

Yes calling it a drive as an access route to back of property - luckily, we've decided against building a garage and would like to fence off the property. They only seem to park on the drive and not in the garage. Looking at the streetview image of their garage, it's in the same state as it is now so looks like they haven't used it as a car garage for a long time.

I'm reluctant to go round and introduce myself and then drop in the 'btw, you won't be allowed to park on the drive anymore'. That's what I'm wondering how we broach it. I don't want us to be the neighbours that enforce ourselves but we do want to put up a fence so either way, but it would mean that they can't use that space to access the back with a car.

AdrianC

frannieannieee wrote: »

...but we do want to put up a fence so either way, but it would mean that they can't use that space to access the back with a car.

You can't put a fence up the middle.

They have as much right to access "your side" as you do, you have as much right to "their side" as they do.

frannieannieee

We're actually well within our rights to fence off our boundary, as stated in our deeds and our solicitors letters. But needs to be done within 6 months of purchase - has also been done by quite a few of the neighbours. They're unable to use the back as their expansion to the back of the property has blocked off access to the back and limits access to their garage. So unless they're going to knock down their new kitchen, then they can't get into the garage with a car nor their garden.

pimento

I wouldn't touch this with a barge pole.

AdrianC

frannieannieee wrote: »

We're actually well within our rights to fence off our boundary, as stated in our deeds and our solicitors letters. But needs to be done within 6 months of purchase - has also been done by quite a few of the neighbours.

Sorry, by "boundary", I thought you meant "down the middle of the shared drive".

You can, of course, do whatever you like with the rest, subject to planning restrictions and covenants.

They're unable to use the back as their expansion to the back of the property has blocked off access to the back and limits access to their garage. So unless they're going to knock down their new kitchen, then they can't get into the garage with a car nor their garden.

Their problem. Not yours. Makes zero difference to what either of you can and can't do with your shared drive.

EachPenny

frannieannieee wrote: »

We're actually well within our rights to fence off our boundary, as stated in our deeds and our solicitors letters. But needs to be done within 6 months of purchase - has also been done by quite a few of the neighbours.

Where does the 6 months thing come from? Is it stated in the deeds? Do you have to give the neighbour notice that you intend to do so?

moneyistooshorttomention

What do you intend to do with your half of this drive?

Do you intend it to be as clear as it should be - ie so that you can drive up it to the "space in your garden where you could have a garage if you wanted"?

Or are you wanting to park on it yourself - though neither house should actually?

Red-Squirrel_2

I'm not sure I've got this right.

Its a shared driveway wide enough for one car, leading to two separate parking areas at the back, theirs is a garage full of junk, yours is a parking space.

Both property owners have the right to drive on the shared driveway to get their cars from the road to their respective parking areas and vice versa?


People at the lived in property are parking their car on the shared bit while the house is empty (which it has been for 2 years and still is) and have said to somebody (who?) they will stop when someone moves in next door?


So...where do you want to put a fence?

Lespaul1960

I agree with Pimento, just walk away NOW while you still can.You will have a world of pain with this setup..