Shared vehicular access within legal boundary with covenant

NJBRUG

We have happily lived in our property for 7 years - great neighbours no problems. We have new neighbours who have been causing issues with parking since they moved in, made worse in recent weeks by their builders - we have been patient and only disturbed them to move vehicles blocking our drive when we had no alternative.

Fast forward 5 months and today when I asked that one of their builders move the car parked on our drive to be moved the new neighbour informed me that it is not, in fact, our drive but a shared access road. 5 minutes later he dropped off a 2 page letter (clearly drafted in advance) with numerous complaints about our parking and us restricting him using our drive to reverse out of his drive. Needless to say we have spent the day digging out our deeds, contacting land registry, RICS advisors and our purchase information - which has been illuminating. In fact, our legal boundary includes the whole of our drive (which goes up the side of our home) and slightly in front of our home - bear in mind he has his own drive nothing to do with or connected to ours. Here’s the grey area as I see it - the top part of our drive is shown on the builders plans as having shared vehicular access (as does the majority of the road leading into the homes of the 3 houses in our cul de sac). Which we understand means that it can be used for access by neighbours HOWEVER as it is within our legal boundary it is within our discretion to give people temporary access to park there as long as it does not in anyway restrict neighbours (which it doesn’t) furthermore we have the covenant stating that this shared vehicular access area gives us explicit permission for a further parking space. Coincidentally today we had a visit from our local building regs enforcers following a complaint from a neighbour (I wonder who) about our garage conversion (done before we moved and used as a home office) - we have to apply for restrospective planning as the builder apparently didn’t do so - no problem, we will. I’m assuming the new neighbour is going to use the garage issue to strengthen a potential case for dispute over the drive. Phew - my questions - any advise about the shared vehicular access vs legal boundary stance? Does it give us any additional rights/leeway over the neighbours rights? Can we enforce our covenant or change this arrangement in any way - i.e. apply to have the shared vehicular access arrangement changed? All advise appreciated...

Wanderingpomm

Too much text, please break into concise paragraphs

zagubov

NJBRUG wrote: »

We have happily lived in our property for 7 years - great neighbours no problems. We have new neighbours who have been causing issues with parking since they moved in, made worse in recent weeks by their builders - we have been patient and only disturbed them to move vehicles blocking our drive when we had no alternative.

Fast forward 5 months and today when I asked that one of their builders move the car parked on our drive to be moved the new neighbour informed me that it is not, in fact, our drive but a shared access road.

5 minutes later he dropped off a 2 page letter (clearly drafted in advance) with numerous complaints about our parking and us restricting him using our drive to reverse out of his drive. Needless to say we have spent the day digging out our deeds, contacting land registry, RICS advisors and our purchase information - which has been illuminating.

In fact, our legal boundary includes the whole of our drive (which goes up the side of our home) and slightly in front of our home - bear in mind he has his own drive nothing to do with or connected to ours.

Here’s the grey area as I see it - the top part of our drive is shown on the builders plans as having shared vehicular access (as does the majority of the road leading into the homes of the 3 houses in our cul de sac). Which we understand means that it can be used for access by neighbours HOWEVER as it is within our legal boundary it is within our discretion to give people temporary access to park there as long as it does not in anyway restrict neighbours (which it doesn’t) furthermore we have the covenant stating that this shared vehicular access area gives us explicit permission for a further parking space.

Coincidentally today we had a visit from our local building regs enforcers following a complaint from a neighbour (I wonder who) about our garage conversion (done before we moved and used as a home office) - we have to apply for retrospective planning as the builder apparently didn’t do so - no problem, we will.

I’m assuming the new neighbour is going to use the garage issue to strengthen a potential case for dispute over the drive. Phew - my questions - any advise about the shared vehicular access vs legal boundary stance? Does it give us any additional rights/leeway over the neighbours rights?

Can we enforce our covenant or change this arrangement in any way - i.e. apply to have the shared vehicular access arrangement changed? All advise appreciated...

This may be more readable.

Ozzuk

You are relying on interpretation of deeds and covenants, for this one I really would stick with proper legal advice. If your original solicitor isn't around, try legal cover on insurance.

Land registry do monitor these forums so may offer advice, but again, given the potential severity I'd go legal now, understand your position then send letter to neighbour clarifying that.

AdrianC

NJBRUG wrote: »

We have happily lived in our property for 7 years

Fast forward 5 months and today when I asked that one of their builders move the car parked on our drive to be moved the new neighbour informed me that it is not, in fact, our drive but a shared access road.

Whether it is or not, nobody can park so as to cause an obstruction on it.

If there's no obstruction being caused, then would it be "good neighbour" behaviour to just accept that they're parking there, and it's probably better than them parking on the road?

Needless to say we have spent the day digging out our deeds, contacting land registry, RICS advisors and our purchase information - which has been illuminating. In fact, our legal boundary includes the whole of our drive (which goes up the side of our home) and slightly in front of our home - bear in mind he has his own drive nothing to do with or connected to ours.

OK... but does his property have an explicit right of way to use that driveway? £3 to get a copy of his property title from LR.

Here’s the grey area as I see it - the top part of our drive is shown on the builders plans

Where did these plans come from?

Which we understand means that it can be used for access by neighbours HOWEVER as it is within our legal boundary it is within our discretion to give people temporary access

If they have an explicit right of way, then you do not have the discretion to deny that.

furthermore we have the covenant stating that this shared vehicular access area gives us explicit permission for a further parking space.

...and here we get into the meat of it...
There's a covenant saying "Yes, this is shared access"?

What's the exact wording?
Is there an illustration?
Can you draw a map? (We don't need your location, just the layout of the contentious bits, including his drive)

Coincidentally today we had a visit from our local building regs enforcers following a complaint from a neighbour (I wonder who) about our garage conversion (done before we moved and used as a home office) - we have to apply for restrospective planning as the builder apparently didn’t do so - no problem

Problem (for the LA).
If it was completed more than seven years ago, you do not need retrospective PP. That ship has sailed for the LA.

I’m assuming the new neighbour is going to use the garage issue to strengthen a potential case for dispute over the drive.

They can try all they like. They're completely separate and not at all related or interdependent.

NJBRUG

Thanks all and apologies for long post - feedback noted.

Covenant is in our legal pack giving us permission to permanently park one vehicle within the share vehicular access area.

We absolutely believe that mutual compromise is the way forward.

Have appointment with our original coveyancer and planning on Monday.

NJBRUG

None of the paperwork refers to ‘right of way’ but ‘shared vehicular access’ to be clear this area only allows access to our gates, our drive & rear garden.

Digging deeper I’m advised that it is common practise for the builder to extend the shared vehicular access areas in developments such as ours to help with potential issues of entry/exit from homes.

NJBRUG

Great advise to get his paperwork from Land Registry - will do this tomorrow.

NJBRUG

I’m referring to our land registry plans, and original builder plans for land registry.

htrj

Just a word from a voice of experience.

Go legal. Immediately.

Yours and the other sides title will be useful but I doubt you will get through to the other side without litigation. Your solicitor might not get through to them either but if it is found that they are in the wrong I suspect that their own solicitor will give them a good "talking to" long before a judge has to.

What you need now is discrete cameras and a diary of what occurs. Someone will probably tell you that you need a permit to film in this way but I didnt have one, my lawyer told me it could be argued away should anyone complain that I didnt have one and in the end no one mentioned it anyway.
I put a fifty quid digital handycam in a birdbox with the biggest battery I could find for it and left it running for 8 hour long intervals at different times of day and night. Within a month the evidence showed damning and persistant breaches of covenant. The other side didnt have an argument! :T

Have a solicitor look at those titles and get a little evidence just to show your solicitor, too. Providing the covenants prevent the other side from behaving in the way that they are (only your lawyer will be able to determine that) I believe this is a very straightforward matter. Be confident, be bold, be civil, maintain the moral high ground at all times... But do not tolerate what they are doing.