PLEASE READ BEFORE POSTING: Hello Forumites! In order to help keep the Forum a useful, safe and friendly place for our users, discussions around non-MoneySaving matters are not permitted per the Forum rules. While we understand that mentioning house prices may sometimes be relevant to a user's specific MoneySaving situation, we ask that you please avoid veering into broad, general debates about the market, the economy and politics, as these can unfortunately lead to abusive or hateful behaviour. Threads that are found to have derailed into wider discussions may be removed. Users who repeatedly disregard this may have their Forum account banned. Please also avoid posting personally identifiable information, including links to your own online property listing which may reveal your address. Thank you for your understanding.
We're aware that some users are experiencing technical issues which the team are working to resolve. See the Community Noticeboard for more info. Thank you for your patience.
📨 Have you signed up to the Forum's new Email Digest yet? Get a selection of trending threads sent straight to your inbox daily, weekly or monthly!

Legal Boundaries Shared Drive

Options
2»

Comments

  • Cash-Cows
    Cash-Cows Posts: 413 Forumite
    Ninth Anniversary 100 Posts
    edited 2 December 2018 at 11:08AM
    I've got the exact same arrangement. One neighbour who tried to park there but did agree he couldn't and just used his front garden. Our current neighbours dosn't park there but occasionally a vehicle will arrive and park for a couple of hours which I don't have a problem with. Would I buy our house again with this arrangement? No.
  • sheramber
    sheramber Posts: 22,395 Forumite
    Part of the Furniture 10,000 Posts I've been Money Tipped! Name Dropper
    Is it for access to the back but not stipulated as vehicle access to the back?
  • Slinky
    Slinky Posts: 11,003 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper

    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'.


    You're worried about doing this now whilst the money is still in your pocket, because you're scared of the reaction of your potential new neighbours. How will it be any easier when you live there? If they are going to react badly to your plans, better to know now whilst you can still walk away.
    Make £2025 in 2025
    Prolific £229.82, Octopoints £4.27, Topcashback £290.85, Tesco Clubcard challenges £60, Misc Sales £321, Airtime £10.
    Total £915.94/£2025 45.2%

    Make £2024 in 2024
    Prolific £907.37, Chase Intt £59.97, Chase roundup int £3.55, Chase CB £122.88, Roadkill £1.30, Octopus referral reward £50, Octopoints £70.46, Topcashback £112.03, Shopmium referral £3, Iceland bonus £4, Ipsos survey £20, Misc Sales £55.44
    Total £1410/£2024  70%

    Make £2023 in 2023  Total: £2606.33/£2023  128.8%



  • Cakeguts
    Cakeguts Posts: 7,627 Forumite
    Sixth Anniversary 1,000 Posts Name Dropper
    I used to live in a house like this and you and your neighbours both have the right of access over each half of the access. They can't park there and you can't fence it off.



    These shared drives can lead to a nightmare if one neighbour decides that they have the right to park there and no one is going to stop them.
  • CGG
    CGG Posts: 746 Forumite
    Estate Agents can tell you anything, but have disclaimers for just about everything. They couldn't care two hoots about any potential issues you may face regarding the shared driveway. They aren't Solicitors. I'd have walked away from the property as soon as I was aware the next door neighbour was parking over the boundary.
  • Davesnave
    Davesnave Posts: 34,741 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    edited 30 November 2018 at 7:06PM
    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.

    There's a certain 'serves them right' tone to this which leads me to surmise that you don't like these neighbours, although you don't really know them yet. They're annoying you by posing this problem at the 11th hour.
    Mind you, they might not imagine using the spare space while the property's empty would cause offence.

    I agree with others; this is a good time to speak with them. Reveal your plan to fence the boundary and see what sort of reaction that brings.

    If they are upset at the idea of never having vehicle access to their rear garden again and tell you so, you'll know where you stand.
  • silvercar
    silvercar Posts: 49,513 Ambassador
    Part of the Furniture 10,000 Posts Academoney Grad Name Dropper
    If I lived in a house with a shared driveway, I would totally respect it.

    If my neighbours had moved and the house was empty, I may very well park on the driveway; given that it doesn't cause anyone else a problem.

    You need to visit to find out their views. You will soon find out whether they are the neighbours you would like to have or the neighbours from hell.
    I'm a Forum Ambassador on the housing, mortgages & student money saving boards. I volunteer to help get your forum questions answered and keep the forum running smoothly. Forum Ambassadors are not moderators and don't read every post. If you spot an illegal or inappropriate post then please report it to forumteam@moneysavingexpert.com (it's not part of my role to deal with this). Any views are mine and not the official line of MoneySavingExpert.com.
  • EachPenny
    EachPenny Posts: 12,239 Forumite
    10,000 Posts Combo Breaker
    Davesnave wrote: »
    Mind you, they might not imagine using the spare space while the property's empty would cause offence.
    silvercar wrote: »
    If my neighbours had moved and the house was empty, I may very well park on the driveway; given that it doesn't cause anyone else a problem.
    I might go further as the owner of a property being left vacant for any length of time and actively encourage the shared-drive neighbour to park in a position which makes it ambiguous whether or not my property was being lived in. :)

    Hence I would be confident that it "won't be a problem when it comes to [my buyer] moving in".

    It appears the question has been asked and a positive answer is being disbelieved, and the next logical step of having a friendly conversation with the potential future neighbour is not liked. :(
    "In the future, everyone will be rich for 15 minutes"
  • AlexMac
    AlexMac Posts: 3,064 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
    Lots of good advice above, but when you say...
    ... buying a house, we're almost at completion and just waiting for the last few bits to trickle through from the seller. :(
    ...do you mean you have already exchanged?

    If so, your solicitor is at fault for failing to clarify the exact status and ownership of the drive (or access way or whatever it's supposed to be), whether you really can run a fence along it, and whether the neighbour has any rights or "easements" over it? For example because these are spelled out in the title, or by virtue of longstanding use or by having theoretical access to a garage at rear...?

    You should be (have been?) given a clear written, and ideally an oral, report on "title" (what you're buying and if there are any problems) by your solicitor before you agree to exchange, at which stage, you're obliged to complete?

    ... 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. ...The EA said the seller advised this... won't be a problem....
    :(

    The EA doesn't work for you but for the seller. As Mandy Rice-Davies said "he would say that, wouldn't he" - especially as his comission depends on it The EA cannot be trusted to answer questions honestly or accurately. Only replies in writing from the seller's solicitor to yours can be trusted.

    So ignoring my slight confusion about who "the bank" is or how they are involved...
    ... 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'.... :(

    ...or what your solicitor is actually saying. my view on your question...
    ... .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. :(

    ... is that there is no way you should be doing your solicitor's job for them. Or asking random stangers on this website to do it by giving you legal advice.

    Get on to them on Monday (as I assume they don't work weekends) ask them to give you the advice you are paying them for. Insist they clarify the issues above, talk you through the "title", give you a proper report on the status and ownership (and rights over) ALL the land and property you are buying... but most of all, that they give you the advice you need to protect you against future neighbour disputes, legal conflict, or financial disbenefit when you eventually sell on.

    Good luck sorting it
  • Norman_Castle
    Norman_Castle Posts: 11,871 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    edited 30 November 2018 at 8:27PM
    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. :(
    Tell them what the current owner has said and explain you are concerned that you don't wan't any access or parking issues in a new property so you are checking with them that what the seller has said is correct.

    They might just be taking advantage of the currently unused parking space and be intelligent enough to stop when asked.
This discussion has been closed.
Meet your Ambassadors

🚀 Getting Started

Hi new member!

Our Getting Started Guide will help you get the most out of the Forum

Categories

  • All Categories
  • 350.8K Banking & Borrowing
  • 253.1K Reduce Debt & Boost Income
  • 453.5K Spending & Discounts
  • 243.8K Work, Benefits & Business
  • 598.7K Mortgages, Homes & Bills
  • 176.8K Life & Family
  • 257.1K Travel & Transport
  • 1.5M Hobbies & Leisure
  • 16.1K Discuss & Feedback
  • 37.6K Read-Only Boards

Is this how you want to be seen?

We see you are using a default avatar. It takes only a few seconds to pick a picture.