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Shared access

There is shared access within two property's on one set of (A) deeds a certain area is much greater than the other set of (B) deeds (A) deeds vehicle parked on it Stationary
on (B) deeds area is much smaller should be open no vehicles to be on it (B) Deeds house was built and dated before (A) deeds does this make any differance
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Comments

  • Annie35
    Annie35 Posts: 385 Forumite
    Fourth Anniversary 100 Posts Name Dropper Combo Breaker
    Confusing!

    So A has a wider % of driveway & can/does park a car on it.

    B has a thinner % of driveway & cant/doesn't park a car on it.

    Is that what your saying?
  • System
    System Posts: 178,224 Community Admin
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    Deeds(A) Vehicle is restricting access to drive for (B) deeds because it is parked on area. Can access drive but it would be alot easyer it was like states on (B) deeds
    Separate drives for both property's (B) has to drive past (A) to park on drive
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  • so house A owns a larger % of the width, but by parking there it prevents house B from getting past to park in their garage / enlarged space at the bottom? as House B has to drive partially on House A's side of the drive to get to their parking spot?

    what do the deeds say about right of access? whether you have a case or not will depend on whether you have a right of access over house A's land to access your drive.

    Have you tried asking your neighbours not to park there? is there somewhere else they can park that doesn't restrict you?

    if they're not co operating the only way you can really enforce it is by using solicitors, but as that's likely to be expensive i'd try all other options first!

    Good luck
  • System
    System Posts: 178,224 Community Admin
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    I have access to my drive but where A is parking a van if makes it more difficult it's that a van is parked on a area on my deeds which is half size on what it is on his deeds his deeds state he is nothing doing nothing wrong my deeds state different that's the issue we don't talk
    My house built/deeds are dated before his his house has been bought/sold with area of shared access not what he soley owns mayb to boost up house price
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  • Bossypants
    Bossypants Posts: 1,276 Forumite
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    Are we talking about shared access (both parties to be allowed to use the drive for access but neither allowed to obstruct the other's access), or are we talking about deeds which show different ownership/rights for the same strip of land?
  • System
    System Posts: 178,224 Community Admin
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    As I've said previously access for me is more difficult as there is a van there especially if I have vehicles on my drive already if the van isnt there this area like it states on my deeds no stationary vehicle would be alot easyer with van have to do 30 point turns
    On his deeds where he is parking his van the small area in front of his van shared
    on my deeds it states the front and the area where is van is stationary and that's the problem two sets of deeds same area but drawn differant
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  • Tiglet2
    Tiglet2 Posts: 2,570 Forumite
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    Think you might have to put some diagrams on here
  • System
    System Posts: 178,224 Community Admin
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    Is it illegal to park a works van over a drainage cover on a shared access area this drain is for the two property owners who don't get on
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  • davidmcn
    davidmcn Posts: 23,596 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Jsys11 wrote: »
    Is it illegal to park a works van over a drainage cover on a shared access area this drain is for the two property owners who don't get on
    "Illegal" in what sense? I expect the aggrieved owner can require the neighbour to shift their van. Obviously it's commonplace for drains, inspection chambers etc to be in roads, you have to shift any parked vehicles (or divert traffic) if you want access to them.
  • G_M
    G_M Posts: 51,977 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    edited 2 February 2019 at 1:04PM
    Jsys11 wrote: »
    As I've said previously access for me is more difficult as there is a van there e...../QUOTE]
    yes but you have not fully explained the legal scenaro.

    1) On A's Plan, does A own the full width of the (double-width?) drive, with B's Deed showing he has a right of accessover all,or part, or this land?

    2) Or the reverse: On B's Plan, does B own the full width of the (double-width?) drive, with A's Deed showing he has a right of accessover all,or part, or this land?

    3) Or Dos A's Plan show he owns half the double width? Or less than half? With B's Plan showing he owns the other half?Or more/less than half?

    Do A or B's Deeds also indicate a right of access over the other's land (section of drive)?


    4) Do A and B's Plans both indicate ownership of the entire drive? Unlikely as land cannot be simultaneously ownedby more than one person (unless jointly on a singleTitle).


    The bottom line is that the rights of each person are nothing to do with perceived fairness, nor to do with the width of one person's van/car, they are whatever is shown on the Title as being owned, or whatever right of access is granted.
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