SIde Extension - Shared Driveway

JJJones

Hi Everyone
We've been living in our Semi-Detached property for 10 years and currently raising 2 young children. In that 10 years we've completely renovated, it's been really hard work as everything needed doing and we've always worked towards the idea of Extending. Up until recently we were on great terms with our neighbours, a great elderly couple, spoke to them over the fence, came to the kids parties (they loved our dog and the kids)
They were always made aware of our extension plans from moving in and always agreed verbally over the years. Even as recent as 6 months ago we said we were putting the plans in and they said to go for it.
Unfortunately things went sideways, they objected to everything they possibly could of done and stopped talking to us. It's been an emotional nightmare and been really hard not to take it so personally. Anyway after some amendments the plans were approved by the council and the neighbours have finally started to talk to us, but only to offer the threat of a solicitor.
They're now saying the shared driveway, which has been separated centrally by fencing for nearly 20 years IS a shared driveway (which I know and understand) but they are saying they have a legal right to access to our side of the drive. The land is seperated, we own our half and they own theirs with a fence running central. Neither of us use the existing drive for cars as it is too narrow to use as a driveway and there has always been a fence in place.
They haven't done anything legally yet but they have been so opposed to the whole extension they are hoping it will stop the build as she repeatedly told me this was an unnecessary extension and we don't need the side extension at all. I tried to reason with her but she has pretty much admitted that they will fight it because they don't want the extension.
Unfortunately there's such intense element of spite that it's only a matter of time before I receive a solicitors letter. Has anyone had a similar problem?
I know of a few instances with shared drives causing a issue but our drives have been physically separated for decades and it seems like a minor legality but it also could be enough for her to stop the build?

Dedekind

Well the right of way is in the deeds probably so it's source of conflict. If they ever want to sell it will be a problem if the buyer does want to use the driveway for access.

Mojisola

JJJones wrote: »

They're now saying the shared driveway, which has been separated centrally by fencing for nearly 20 years IS a shared driveway (which I know and understand) but they are saying they have a legal right to access to our side of the drive.

it seems like a minor legality but it also could be enough for her to stop the build?

A right of way doesn't disappear because neighbours stop using it.

Their deeds give them the right to use all the drive and the only way to change that would be to buy them out and have the deeds of both houses changed.

As your neighbours don't want you to build your extension, it's unlikely that they will agree to that.

mrschaucer

Are you planning to build the extension over (what you believe is your bit of) the shared drive?

the_lunatic_is_in_my_head

Best thing to do is check the deeds for both houses and see what actual rights are in place.

If they do have a right of way over part of your land does that include access for vehicles.

TELLIT01

If your extension will prevent vehicular access then I think they are right to object. It could certainly affect the value of their house if vehicle access is no longer viable once your extension is built. It's entirely possible that they had no objection to an extension to your property in principal but did once they saw the specifics of what you want to do.

Cash-Cows

You might need to buy out the neighbours.

MoneySeeker1

ROW's cannot be extinguished without the agreement of the other people involved.

If they don't agree, then you have two choices:
1. Forget about an extension
or
2. Offer to buy the ROW off them and then arrange for both sets of deeds to be changed to reflect this.

It looks as if you will have to forget about the extension and, if having more room is that important to you, then sell up and move.

Aylesbury_Duck

MoneySeeker1 wrote: »

ROW's cannot be extinguished without the agreement of the other people involved.

If they don't agree, then you have two choices:
1. Forget about an extension
or
2. Offer to buy the ROW off them and then arrange for both sets of deeds to be changed to reflect this.

It looks as if you will have to forget about the extension and, if having more room is that important to you, then sell up and move.

Absolutely correct.

OP, you need to check the exact status of the shared driveway but from your description, I think you have the two choices listed above.

paddy's_mum

JJJones wrote: »

Unfortunately there's such intense element of spite

So when you checked the deeds for both houses and discovered that you were planning on riding roughshod over their rights, what do you suppose they said to one another about you?

Turn your "minor legality" round and welcome them storing their son's work van, site shed and skip on the driveway...;)

markin

If you did it this way the next owner would have a good chance of getting it knocked down, Making selling it ever a real problem. They probably thought all your plans were pie in the sky and without reading the deeds and when you did you would drop it!