Shared access and driveway

JES1963

Hi
Deeds say private shared driveway.

Had reply from Wainhomes confirming Freehold irrelevant as these rights will exist I perpetuity :j:T

Now comes the part where we tell her and happy to do so, although, we have had this conversation many times over the years! But this time we will be providing deeds, evidence and information we have gained. This has to stop it is ridiculous.

With regards to putting markers down the centre of the drive she told my husband that the council was doing this but this part of the estate is private and not been adopted by the council so how can they.. Look forward to addressing this too...

And to add her son-in-law is a Solicitor and we have had letters (not on letterhead) from him on her behalf with regards to this saying she owns the shared joint access and we are trespassing etc. We have returned them to her saying unnecessary and paying no attention to them.

Thank you for your reply will keep you updated.

G_M

JES1963 wrote: »

Hi
Deeds say private shared driveway.
.

Please quote

I doubt it is owned jointly, though access may be shared.

Q1 Does Freehold come with provisions that shared access and shared driveway remain as shared? Freehold ownership does not alter the rights and obligations of each party.

Q2 If not how as she managed to get Freehold without our consent when this involves shared areas more so the joint accessway?
she does not need your consent to purchase the freehold.
I do not believe ownership of the drive is shared - please refer to the Title documents and Plans. NOT the developer's documents.
Q3 can we object to markings down the drive?

You can object to anything you like!
If she owns the drive, or half the drive, then yes she can put down markings on her land.
But if you have a ROA over that land, her markings cannot prevent you driving over it.

Sachs

JES1963 wrote: »

Deeds say private shared driveway.

I love responses like this - and they're soooo common!!

What does this even mean?!

It's like, "I'd like some advice on a complex legal matter governed by a complex legal document. I'm not going to quote any relevant parts of the document or give you any confidence I'm actually looking at the right document, I'm just going to repeat what I believe the document should say which may or may not be, at best, my paraphrasing of the relevant part of the complex legal document."

PasturesNew

She can buy and own the freehold - but that cannot remove any existing legal rights of way others have over that land.

She is misinformed if she thinks she can buy something and change the rules.

G_M

Sachs wrote: »

I love responses like this - and they're soooo common!!

What does this even mean?!

It's like, "I'd like some advice on a complex legal matter governed by a complex legal document. I'm not going to quote any relevant parts of the document or give you any confidence I'm actually looking at the right document, I'm just going to repeat what I believe the document should say which may or may not be, at best, my paraphrasing of the relevant part of the complex legal document."

So true. And so frustrating......!

snilloct1957

Look up Mary De Jong legal case regarding shared access on Google...

Prepare yourself for a long fight...

Ms_Chocaholic

Has she bought the freehold as she wants to sell her home

snilloct1957

Her son-in-law is a Solicitor and we have had letters (not on letterhead) from him on her behalf with regards to this, saying she owns the shared joint access and we are trespassing etc. We have returned them to her saying unnecessary and paying no attention to them.

Here's something to throw into the mix... If it's correct that whilst she will own the freehold on the driveway, you will still have ROA over it, it seems her son-in-law, the solicitor, doesn't know the law. How about writing to the firm that employs him, asking if he is acting in an official capacity on their behalf, as you believe what he has said is incorrect in law and that you would expect a solicitor to be competent? Address the letter to the senior partner at the firm and say you are considering a complaint to the SRA about his involvement in this dispute. Shame you handed the letters back, they would have been good evidence.

G_M

snilloct1957 wrote: »

Her son-in-law is a Solicitor and we have had letters (not on letterhead) from him on her behalf with regards to this, saying she owns the shared joint access and we are trespassing etc. We have returned them to her saying unnecessary and paying no attention to them.

Here's something to throw into the mix... If it's correct that whilst she will own the freehold on the driveway, you will still have ROA over it, it seems her son, the solicitor, doesn't know the law. How about writing to the firm that employs him, asking if he is acting in an official capacity on their behalf, as you believe what he has said is incorrect in law and that you would expect a solicitor to be competent? Address the letter to the senior partner at the firm and say you are considering a complaint to the SRA about his involvement in this dispute. Shame you handed the letters back, they would have been good evidence.

Can you use the 'quote' function to differentiate your response from the OP?


As for the suggestion, if the son is wriing in a private cpacity, he can say whatever he wants. What he writes does not necessaarily indicate a lack of legal knowledge - he may well know the law but be simply supporting his mother.


The SRA would not be interested as he is a private individual.

TBagpuss

Yes, if he is acting in a private capacity and his letters are not on letterhead then it is not something which his firm or the SRA will have any interest in, unless he is threatening or abusive, or otherwise acting in a way which is inappropriate.