Shared access and driveway

JES1963

My neighbour has bought the Freehold on her property.

We live in detached houses with a shared driveway and she says we are trespassing when we are getting in and out of our cars and walking down the centre of the drive to access our garage. She has now informed us that she is having markers laid down the centre of the drive although I don’t know what this is going to achieve as we still have to access our cars and garage.

We also have a joint private access which stated by Wainhomes “To keep open and free from obstruction to allow free access over the same” but she permanently parks on it claiming she now owns it since she has bought the freehold as this is on her land but this is obstructing us when reversing our cars out.

Q1 Does Freehold come with provisions that shared access and shared driveway remain as shared?

Q2 If not how as she managed to get Freehold without our consent when this involves shared areas more so the joint accessway?

Q3 can we object to markings down the drive?

sevenhills

JES1963 wrote: »

We also have a joint private access which stated by Wainhomes “To keep open and free from obstruction to allow free access over the same” but she permanently parks on it claiming she now owns it since she has bought the freehold as this is on her land but this is obstructing us when reversing our cars out.

How long have you owned your house, what does it say on your deeds?
If its 'shared' then its shared ownership, ask your neighbour if you can see the deeds that says she owns that part of the drive.

Mojisola

JES1963 wrote: »

We live in detached houses with a shared driveway

What do your deeds say about the driveway?

Lilythecat

I’m if your lease says you have joint access then you need to be able to use it. Buying a freehold does not invalidate the lease

davidmcn

Your neighbour's freehold changing hands won't make a difference to whatever your rights are.

ethank

Even if she now owns the freehold, you will have the same rights as you did upon the purchase. These are probably protected via covenants. Check the deeds and the LR info.

jbainbridge

Hmmm ... your neighbour sounds like she's lost the plot!

You can buy a copy of her deeds from the LR site too - but I expect it will only confirm what you believe already.

hazyjo

I'd reply once - with facts - and ask her to get clarification from her solicitor if she's further confused.


I would also be reminding her that houses with shared drives are hard enough to sell (I'd not touch one with a bargepole) and if she wants to throw a neighbour dispute over one into the mix, both your houses will be devalued and/or very hard to sell in the future. I mean, would you buy it with a dispute? Most wouldn't.

-taff

Owning a freehold house doesn't mean you can ignore covenants that come with the house. There are plenty of freeholds in my street that have shared access driveways.

mrschaucer

Sounds like she had a leasehold house with a "shared" driveway. She now has a freehold house with a "shared" driveway ...
Check both sets of deeds as to what rights both houses have over the driveway and show her!

G_M

Read your Title. It costs £3 to get it from the Land Registry here. What does it say about the drive, and your rights of access?

Read her Title. It costs £3 to get it from the Land Registry here. What does it say about the drive, and her rights of access?

There are several likely scenarios :

1) the drive is split ownership: You own your half, she owns her half. You have a right to use her half for access and she has a right to use you half for access


2) the whole drive is fully owned by one of you. The other has a right of access over it

3) Note the drive cannot be jointly owned. You cannot both own the same bit of land.

4) or potentially she owns the drive and you do not have a right of access. This seems unlikely, and would certainly not have changed by her buying the freehold- if you had a ROA before, you still do .If you never did, then you still don't!