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Boundary issue and shared drive

I'll try and be as brief as I can . . 2 properties with a shared access drive from the road going between the houses for access to our garage ( neighbour dont have garage)

We both have drives infront of our houses ours is blocked paved inline with our house then we have the slabbed shared drive then the neighbours drive

The neighbour is having a new drive but has come over his boundary onto the shared access drive

My question is is he allowed to do that I have
Checked land registry and his boundary is inline with his house it doesnt come over onto the shared access drive .

Please help

Comments

  • TELLIT01
    TELLIT01 Posts: 18,601 Forumite
    Part of the Furniture 10,000 Posts Name Dropper PPI Party Pooper
    Does it matter as long as the edge between the new drive and the current surface is finished properly?
  • Ant555
    Ant555 Posts: 1,612 Forumite
    Part of the Furniture 1,000 Posts Photogenic Name Dropper
    Has the neighbour come all the way to your drive or to the middle of the shared drive?

    ie are there three types of surface now?

    Is he paving down the side of the house too?

    One issue to keep an eye on maybe that, over time, he might consider the shared bit is his if he has paid for the surface.
  • Dedekind
    Dedekind Posts: 224 Forumite
    Third Anniversary 100 Posts
    He owns whatever the registry and deeds say not what he thinks.

    Most likely he owns half of it but you have right of way. I guess slightly changing the surface is allowed
  • robatwork
    robatwork Posts: 7,350 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Photogenic
    Who do you believe (or do your deeds say) should fix the shared bit of the drive if it gets a pothole?
  • Davesnave
    Davesnave Posts: 34,741 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    edited 1 October 2019 at 2:33PM
    Dedekind wrote: »
    He owns whatever the registry and deeds say not what he thinks.

    Most likely he owns half of it but you have right of way. I guess slightly changing the surface is allowed

    Your first sentence says how things are. The second suggests you might not believe the OP when they say:
    M10WEW wrote: »
    I have
    Checked land registry and his boundary is inline with his house it doesn't come over onto the shared access drive .

    I can understand that, because when two properties have an access drive between them, each usually owns the closest half, with the a right of way over the half that isn't owned.

    But it's not impossible for one house to own all the land. It's a different set-up, but we own all the land over which our neighbours access their property, and we wouldn't be happy if they decided to 'improve' it without consultation.

    So, I guess this question needs to be asked of the OP:
    When you examined your title plan did all of the driveway fall within the red outline of your land?

    and

    Does what you see on your plan correspond with the red line defining your neighbour's property on their title plan?

    If the answer to both questions is 'Yes,' then your neighbour shouldn't be altering the driveway without your permission.
  • Dedekind
    Dedekind Posts: 224 Forumite
    Third Anniversary 100 Posts
    Sorry I missed that bit, it's not that I don't believe the OP :)
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