Parking on Shared Driveway within my Boundary

Summer88

I have been having the problems with my neighbour opposite and want clarity so I know where I stand if I am to sell. The driveway is shared but within my boundary. We park our cars on the driveway and occasionally have visitors who park there (which doesn’t not block access to my neighbours drive) but in his opinion makes it less convenient to get in and out of his driveway. There is no mention that parking on the driveway is prohibited in my deeds. He has complained about me parking there and has asked our visitors to move and has now suggested that I shouldn’t park there either. He has put his deeds and a letter through our door and as yet, I have not replied. Since then, things have escalated as he reversed into our bins (which was on our lawn not on the driveway) and drove off without picking it up.

He is under the impression that the driveway doesn’t belong to either party even though I have told him that it is within mine. I am reluctant to speak to him especially without being sure of where I stand and as such have not shown him my deeds. I am hoping that I am understanding my deeds correctly and that I am within my rights to park there (as long as I don’t block access)? I have also download land registry documents to make sure where his boundary is. I would really appreciate any guidance on this as want the harassment to end. Thanks in advance

unforeseen

If it is a shared driveway then NOBODY should be parking on it.

davidmcn

Summer88 wrote: »

and that I am within my rights to park there (as long as I don’t block access)?

Surely the whole point of the "shared" bit is that it's available for access by either party? Which it obviously isn't if either of you park on it. The fact you're the owner doesn't come into it. Do your deeds specify which part your neighbour has access rights over, and are you parking on that bit?

Mojisola

Summer88 wrote: »

The driveway is shared but within my boundary.

We park our cars on the driveway and occasionally have visitors who park there (which doesn’t not block access to my neighbours drive) but in his opinion makes it less convenient to get in and out of his driveway.

He is under the impression that the driveway doesn’t belong to either party even though I have told him that it is within mine.

You may own the land but, if it's a typical right of way, your neighbour has rights over it - your land is the Servient Tenement
(land that is burdened with an easement that benefits neighbouring land) and his is the Dominant Tenement (land that benefits from an easement that burdens neighbouring land).

He has the right to pass over your land and you can't block him or make his access difficult.

You might think your parking isn't a problem; he obviously does and he is the one with the right of free movement over your land.

AnotherJoe

Summer88 wrote: »

I have been having the problems with my neighbour opposite and want clarity so I know where I stand if I am to sell. The driveway is shared but within my boundary. We park our cars on the driveway and occasionally have visitors who park there (which doesn’t not block access to my neighbours drive) but in his opinion makes it less convenient to get in and out of his driveway.

And I bet it does.
There is no mention that parking on the driveway is prohibited in my deeds. He has complained about me parking there and has asked our visitors to move and has now suggested that I shouldn’t park there either. He has put his deeds and a letter through our door and as yet, I have not replied. Since then, things have escalated as he reversed into our bins (which was on our lawn not on the driveway) and drove off without picking it up.


He's probably making the point that you are making it awkward for him to park.

He is under the impression that the driveway doesn’t belong to either party even though I have told him that it is within mine. I am reluctant to speak to him especially without being sure of where I stand and as such have not shown him my deeds. I am hoping that I am understanding my deeds correctly and that I am within my rights to park there (as long as I don’t block access)? I have also download land registry documents to make sure where his boundary is. I would really appreciate any guidance on this as want the harassment to end. Thanks in advance

Stop parking on the driveway then. You shouldn't be inconveniencing him by parking there just because you can and think he can squeeze by.
And, even if you are inconsiderate enough you dont care, do want a registered dispute with your neighbour when you come to sell?

Mojisola

Summer88 wrote: »

There is no mention that parking on the driveway is prohibited in my deeds.

I doubt it says that you can't put up a tent or a row of planters or any other thing that may block or reduce the ROW - deeds usually give the right to pass - anything that stops that is prohibited.

G_M

1) where exactly are the boundaries to your and his properties, as defined in your respective Title documents and Plans?


2) What exactly is the wording in each of your respective Title documents regarding ROW, access etc - please quote.


3) do the Title documents refer to other documents which specify more fully (eg 'the Conveyance dated xx/xx/xxxx betwen A & B')? If so, what exactly do those documents say?

kev25v6

Tell him you are planning on digging it up on his side for “repairs” and that you are not sure how many months it will be to get it finished if he doesn’t stop whinging.

xylophone

Tell him you are planning on digging it up on his side for “repairs” and that you are not sure how many months it will be to get it finished if he doesn’t stop whinging.

The certain path to a formal dispute through a solicitor I'd have thought...and the OP seems to be planning on selling.....

Cakeguts

I don't think you actually are having problems with your neighbour it sounds as if your neighbour is having problems with you. You keep parking on his right of access so that he can't use it.



You are causing problems with his rights.



You can't sell your house with offstreet parking on this drive because there isn't any parking there it is an access for you neighbour.

sheramber

Summer88 wrote: »

I have been having the problems with my neighbour opposite and want clarity so I know where I stand if I am to sell. The driveway is shared but within my boundary. We park our cars on the driveway and occasionally have visitors who park there (which doesn’t not block access to my neighbours drive) but in his opinion makes it less convenient to get in and out of his driveway. There is no mention that parking on the driveway is prohibited in my deeds. He has complained about me parking there and has asked our visitors to move and has now suggested that I shouldn’t park there either. He has put his deeds and a letter through our door and as yet, I have not replied. Since then, things have escalated as he reversed into our bins (which was on our lawn not on the driveway) and drove off without picking it up.

He is under the impression that the driveway doesn’t belong to either party even though I have told him that it is within mine. I am reluctant to speak to him especially without being sure of where I stand and as such have not shown him my deeds. I am hoping that I am understanding my deeds correctly and that I am within my rights to park there (as long as I don’t block access)? I have also download land registry documents to make sure where his boundary is. I would really appreciate any guidance on this as want the harassment to end. Thanks in advance

What do his deeds say?

What do your deeds say?

Nobody can give you guidance without knowing exactly what the deeds say