Shared Access Dispute/Land Registry

Jumblebumble

georgiab432 said:

Many thanks for all your help and advice.  I think we are going to have to take it up with a lawyer now and see what our next steps are.

Have you considered what your response would be if you needed your roof repaired and the only access was from the shared drive and a fuss was made  or someone tried to tell you that you and your friends were not allowed to walk on your half of the shared drive?
I know what my response would be

swingaloo2

Im not sure why there is an issue here. Your parents may not be able to use the garage for a couple of weeks but thats  a minor inconvenience at most. There are many houses with a shared driveway which have their doors on the side of the houses. What is the difference between someone walking up the shared drive to access the back garden and walking up to access a side door?

greatcrested

So the driveway is single width?

Where is the land edged in red? Is it the entire driveway?

Who owns the land edged in red?

You need to setparate your two issues
* the temporary obstruction caused by the scaffolding - Realistically I don't se you can prevent this, though obviously get reasurance

a) that the time period will be minimal

b) that you car won't get trapped inside

* any long term obstruction caused by the change of use. Apart from the risk of someone stepping out of the new door into your path as you exit in the car, I don't see that you ROW is being obstructed. Any change to the gate will obviously have to continue to offer you access

swingaloo2

georgiab432 said:

This means that should someone wish to access their front door it would be impossible and could be very dangerous if they were exiting whilst we are driving through.
Why would it be impossible to access the door as you are not allowed to park there so if you were entering the drive to go to the garage the person wanting to us the door would simply have to let the car go past first.

. The neighbour is completely changing access making it for pedestrians and a main access entrance and main access to the flats gardens.
How is he changing access? surely if you or your neighbour have your car in the garage you then have to either walk up or down the drive to access the garage.  As there is already access from the drive to the back gardens anyway nothing is going to change.

He also stated that his garage will be turned into a bike and bin storage area (further concerns about how the refuse will be collected which he has not stated).
He is within his rights to use his garage for any purpose he likes within reason as are your parents. He could build a model railway in there if he wanted to! He is choosing to use it for bikes and his bins. Where are his bins kept now, in the back garden?  How do the bins get collected at the moment, don't you have to move them to the front of the property on bin day?  I cant see what difference it will make unless I'm not understanding what you are trying to say.

In addition to the above comments your parents really do need to be careful about causing a dispute as this would have effects when and if they try to sell.