Boundary issues - shared drive.

Emma107412

Hi! We’re wanting to fence round our boundary to create an enclosed garden space but we have a shared drive onthe back. The fence will NOT be on the shared part of the drive. Tensions are high as the neighbour has had things his way for a long time. Just wondered if anyone can advise? I do have pictures but can’t figure out how to add them to my post 🤦🏻!♀️

theonlywayisup

You can post pics by adjusting the link with spaces, that way someone can post for you.

Emma107412

Still don’t know how to post the picture? ����!♀️ ��

Davesnave

Emma107412 wrote: »

Still don’t know how to post the picture? ����!♀️ ��

You get them hosted on a site like imgbb:


https://imgbb.com/


Copy the BB image code for forums and paste it into your post. If it doesn't work, someone here will fix it. If this site won't accept it, put an obvious break in it and we'll fix that.


Edited to add: With shared drives, boundaries etc etc it's not about anyone 'having their way,' it's always about what the title documents say and show.

Emma107412

https /ibb. co/fMKssjK
https: //ibb. co/gwHv12D

shaun_from_Africa

Emma107412

Thanks! The red line is where the fence will go.

TELLIT01

That fence line is going straight down the middle of what would seem to be the shared area. Without knowing the extent of the shared drive, as detailed on the deeds it's impossible to say if you can put it there or not.

Emma107412

It’s down the left of the shared area

Sea_Shell

It looks like the deeds don't accurately reflect the reality. It doesn't show the widening.

Is the drive single width, that opens into the double width garage area?

Is it a designated turning area?

Davesnave

The written part of the deeds might be your stumbling block.

Very often, in these situations with rear garages, while each property owns their half the drive, the neighbouring property has a right of way over that half.

If that's what your title document says, then you cannot put up a fence and interfere with your neighbour's right of way.


Rights of way cannot be extinguished without the consent of those who benefit from them.