Invisible shared access

diggingdude

Mark4444 wrote: »

She’s been in about 18 months

In which case, unless you are causing an obstruction we don't know about, its buyer beware and they should have checked this before they moved here

Mark4444

Absolutely. The key now is helping them understand the situation to avoid them believing there is conflict. I am happy to be flexible, but only once we all agree on what should be done as per the feeds, vs any informal flexibly I might offer whilst I live here. I don't see how I can do this without a professional so I’ll be calling a surveyor this week

diggingdude

Mark4444 wrote: »

Absolutely. The key now is helping them understand the situation to avoid them believing there is conflict. I am happy to be flexible, but only once we all agree on what should be done as per the feeds, vs any informal flexibly I might offer whilst I live here. I don't see how I can do this without a professional so I’ll be calling a surveyor this week

Be sure either everyone is paying for the surveyor failing that the neighbour who cant park

PasturesNew

Ah, so not only is it not clear from the plans, but the neighbour also thinks they can wobble anywhere to access their garage... land where you believe your cars are safely off the access route.

Tricky....

In the 1970s your average home owner might've been driving a Ford Cortina, a large family car of choice .... and your neighbour's bought an Audi A6 Estate:
Cortina sizes: 165cm x 427cm
Audi A6 estate: 190cm x 495cm

Huge difference.

G_M

Mark4444 wrote: »

They were built early 70’s, and the wording is clear, you can not cause obstruction, must be able to pass and repass on foot and by vehicle across adjoins land.

Please quote the exact wording.

I certainly would not be instructing a surveyor of your own. The surveyor should be instructed, and paid for, jointly with the neighbour, with a written agreement from you both to abide by the surveyor's decision.

But personally I'd not use a surveyor at all. My link earlier was half in jest (due to cost!) but I would be taking action to prevent anyone using / trespassing on my land. If the neighbour then wants to query this and claim they have a right to use the land I have protected, let her instruct a surveyor or approach you for a solution.


For a cheaper, low-tech option a simple chain +padlock like this (no need for the central post)

xylophone

they believe they can use any line across our land to get to their garage and want us all to accommodate which isn’t possible if we wish to park out cars behind our houses.

the wording is clear, you can not cause obstruction, must be able to pass and repass on foot and by vehicle across adjoins land.

Is there any way in which you/your wife can be said to be causing an obstruction? For example, was it originally envisioned that two cars would be parked in the area in question?

Mark4444

Absolutely not, based upon my understanding of the invisible road. I had my lawyer explain the lingo, and it’s crystal clear that I can do what I want on my land such as park as long as the access is left clear so the issue seems to be “where is the access actually”.... I quite like the idea of just marking it out and letting them instruct a surveyor, however if they do and issue a dispute if we sell I believe we have to disclose it which is like to of course avoid.

G_M

You planning to sell? Provided the issue is resolved by then you're fine.


So stick up a padlocked chain and see what happens. Either that will resolve the issue, or they'll escalate it and a surveyor can resolve.

Mark4444

Maybe in a year or two. Just don’t want to have to disclose any issues, but looks you said if it’s resolved it’s not problem I guess

diggingdude

could you perhaps post some pictures of what the layout is/where cars are etc?