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Shared access driveway

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Comments

  • KJB9
    KJB9 Posts: 5 Forumite
    I had overlooked the statement that it was for 30 minutes and on multiple occasions. I would also be pretty miffed.

    OP - how far away from the front of your house could your visitors reasonably park? If it's just around the corner then I understand more why your neighbour would be annoyed by someone parking on the shared drive for half an hour.
  • OldMusicGuy
    OldMusicGuy Posts: 1,768 Forumite
    Eighth Anniversary 1,000 Posts Name Dropper
    edited 12 June 2019 at 10:58AM
    What specific covenants do you have about use of the shared parts of the drive? We live on a small estate with a shared access road and in ours it says that you are not allowed to obstruct the shared areas. It doesn't say you can't park there but it does say you can't obstruct it. One of neighbours parks their cars in the turning area on the shared access road but they don't cause an obstruction, so all the neighbours let it go. Your neighbours might see what you are doing as an "obstruction", even if you don't see it that way.

    We did get the issue that the council refused to collect rubbish at one point because the rubbish truck driver said they couldn't turn the truck around with cars in that area, so the neighbour makes sure they aren't there when the rubbish is collected.

    Also, who owns the shared drive? Is there a residents management company or is it owned and managed by a separate company? Your neighbour may be getting ready to complain to whoever is responsible for the shared parts of the drive.

    Best thing is to first understand the situation a bit better to identify if you are in the wrong or not, or if it's a "grey area". I would then try to have a friendly discussion with the neighbour.
  • AylesburyDuck
    AylesburyDuck Posts: 939 Forumite
    Eighth Anniversary 500 Posts
    edited 12 June 2019 at 11:56AM
    I'm really sorry Diane, people seem to be missing the meaning of the word "shared", meaning that you "both" are entitled to use it. So it's tit for tat, you can do it, they can do it, and if it doesnt interfere with anyones coming and goings, which you have said it doesnt, then a problem it is NOT.
    I share my driveway with 3 (yes 3) other houses, being the corner 4 houses in a cul-de-sac, so i totally understand you.
    Next time they do this politely ask them why? Maybe they are misunderstanding something? If it literally is the "shared" issue then maybe ask them to check their deeds and say you are happy to show them yours.
    ,
    Fully paid up member of the ignore button club.
    If it walks like a Duck, quacks like a Duck, it's a Duck.
  • ethank
    ethank Posts: 2,197 Forumite
    Holiday Haggler I've been Money Tipped!
    I think some of the advice about you doing your best to get to know the neighbours is right. Be friendly and try to understand it from their point of view.
  • Exodi
    Exodi Posts: 4,185 Forumite
    Eighth Anniversary 1,000 Posts Wedding Day Wonder Name Dropper
    edited 12 June 2019 at 12:07PM
    I'm really sorry Diane, people seem to be missing the meaning of the word "shared", meaning that you "both" are entitled to use it. So it's tit for tat, you can do it, they can do it, and if it doesnt interfere with anyones coming and goings, which you have said it doesnt, then a problem it is NOT.
    I share my driveway with 3 (yes 3) other houses so i totally understand you.
    Next time they do this politely ask them why? Maybe they are misunderstanding something? If it literally is the "shared" issue then maybe ask them to check their deeds and say you are happy to show them yours.

    People are responding from a litigative standpoint which is the correct stance to take with consideration of the fact the neighbour seems to be evidence gathering. Subjective opinions such as yours may not work in practice as none of the neighbours can do what the OP is as they'd block other people getting to their drives entirely (which makes me wonder why the OP doesn't have issues with the neighbours unless they have their friends park round the corner?)

    I'm not sure what you think checking the deeds with your neighbour will achieve, a lot of shared access covenants will state that no party to the agreement may obstruct the area. Whilst you may see it as a minor thing that the neighbour may have to drive in forwards, or reverse the length of the shared access, they really shouldn't have to because someone is being a bit lax with their part of the agreement.
    Know what you don't
  • Exodi wrote: »
    People are responding from a litigative standpoint which is the correct stance to take with consideration of the fact the neighbour seems to be evidence gathering. Subjective opinions such as yours may not work in practice as none of the neighbours can do what the OP is as they'd block other people getting to their drives entirely (which makes me wonder why the OP doesn't have issues with the neighbours unless they have their friends park round the corner?)

    I'm not sure what you think checking the deeds with your neighbour will achieve, a lot of shared access covenants will state that no party to the agreement may obstruct the area. Whilst you may see it as a minor thing that the neighbour may have to drive in forwards, or reverse the length of the shared access, they really shouldn't have to because someone is being a bit lax with their part of the agreement.
    Did you actually read the part of her post that said nothing was obstructed.
    Checking their deeds, or more to the point getting them to look at their own damn deeds may well achieve the desired affect that they may not have know that portion is "shared".
    You also do realise that if someone actually went and parked on said annoying neighbours drive and left it there for several days that nothing would be achieved that they could litigate for. So frankly as stated before its "shared" its not obstructing "anything" but more importantly the neighbours can do entirety NADA!

    https://www.express.co.uk/life-style/cars/970304/car-parked-driveway-stranger-law-home
    ,
    Fully paid up member of the ignore button club.
    If it walks like a Duck, quacks like a Duck, it's a Duck.
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