Boundary issues - shared drive.

Aylesbury_Duck

I agree with Davesnave. It looks as if both sides have widened their drives in the past. I suspect the deeds state shared access because the original drives weren't wide enough to allow two cars to pass so each had the right to drive across the other's land to access the back. Although the widening of the drives means there's no need to drive across each others' drives any more, the shared access still exists and putting a fence down the middle overrides that right of shared access.

That's my take on it. If Davesnave is correct, your neighbour is perfectly entitled to object because without his consent, you cannot erect that fence.

PasturesNew

ONLY the deeds will contain the wording that we need to absolutely tell you what's what.

On the balance of probability: You have no rights to fence any of it off and your neighbour has certain rights to cross that land in a variety of ways on a whim as and when they choose.

You must get the deeds and type out the exact and relevant wording for us to determine it exactly.

Shared and communal anything never means that one person can arbitrarily decide "that's mine" and take it.

Emma107412

Mr Bradshaw (and successors for 800 years) is absolutely and beneficially entitled to the leasehold premises numbered (address) coloured pink and green on the plan.
Mrs cotton (and successors for 800 years) is absolutely and beneficially entitled to the leasehold premises numbered (neighbours address) coloured yellow and blue on the plan.
Mr Bradshaw and Mrs cotton have mutually agreed to grant each other and their successors in title rights of way over their respective premises s as hereinafter mentioned.
Basically it says each tenant has to grant right of way for the other on the blue and green pieces and it is both parties responsibility to maintain the blue and green parts. There is so mention of the yellow and red. Does this mean we are free to do what we like with the red?

Davesnave

Emma107412 wrote: »

Basically it says each tenant has to grant right of way for the other on the blue and green pieces and it is both parties responsibility to maintain the blue and green parts. There is so mention of the yellow and red. Does this mean we are free to do what we like with the red?

The situation regarding the rights of way seems to be as I described it earlier. It's very common.



The yellow and red parts are private areas not affected by the rights of way, so they aren't mentioned in the paragraph quoted. You are free to do what you like with the red area, so long as it doesn't contravene planning legislation and, of course, that neighbours agree where the boundary lies!

traineepensioner

Emma107412 wrote: »

Mr Bradshaw (and successors for 800 years) is absolutely and beneficially entitled to the leasehold premises numbered (address) coloured pink and green on the plan.
Mrs cotton (and successors for 800 years) is absolutely and beneficially entitled to the leasehold premises numbered (neighbours address) coloured yellow and blue on the plan.
Mr Bradshaw and Mrs cotton have mutually agreed to grant each other and their successors in title rights of way over their respective premises s as hereinafter mentioned.
Basically it says each tenant has to grant right of way for the other on the blue and green pieces and it is both parties responsibility to maintain the blue and green parts. There is so mention of the yellow and red. Does this mean we are free to do what we like with the red?

If you were my neighbour I would be delighted with your plan to fence off your area. This would mean that I would have full use of the shared drive for my vehicle. Do you have an alternative parking spot?

unforeseen

If you do fence it off then I can see that anybody who buys your house later is going to have a fight as your neighbour will claim he now owns it

Jonesya

Can understand why you would want a fence along the side of the driveway to give more privacy, but I wouldn't take it right to the end and block off your parking area.

Otherwise that drive will become, in effect, exclusively used by your next door neighbour and I wouldn't be at all surprised if they or a future owner started using the shared access like a long drive, parking cars in the shared area. After all, if your not using it and have blocked yourself off, why not? They're the only one using it.

I'd keep the parking area at the end and keep driving your car up and down the drive regularly to maintain your usage, and the visibility of you using it to avoid problems in the future.