Is granting "Right of way" equivalent to adjusting boundaries of the property?

Jeepers_Creepers

Looks like there's two separate issues here - one involves the neighb's access to their garage over your drive, and the other is to do with this 'unallocated' parking space?

I agree with greatcrest and PoPounds - you'd always assumed your neighb had this legitimate right of access over your drive, and presumably bought your house on that basis and was happy to live with that situation from then on 'cos you thought it was normal? In which case I would agree that the 'moral' and kind response would be to add this RoW to the legal docs and make the situation into what everyone always assumed is was. I daresay there's some folks who would try and exploit this situation, but I suspect you are not one to be so churlish and unethical.

This 'unallocated' parking space, however, might be a different matter - I don't know. I guess it depends on where it is, and who has been using it all along - is it a free-for-all, or has your neighb (for example) assumed it was 'his' and used it as such with everyone else accepting this situation? Is it 'reasonable' that the neighb retains sole access to it? Is parking an issue in that area? Where does this space lie in relation to the drive? 

Maverickon

@Jeepers_Creepers
The unallocated parking space is alongside the driveway. It is a parking space and parking there will not block access to allocated parking bays of mine or neighbour.  When we moved to the property, I told the neighbour to keep the bay clear, so visitors to either properties can use. After a while they started parking their car continuosly though they have allocated spaces. I started digging into the title deeds and thats when I came to know they don't even have ROW. I approached the developer about this and said I was OK to provide ROW only to access their allocated parking/garage. But developer is now forcing me to grant right on the unallocated parking space as well. As I said the driveway and the unallocated parking space belong to my property/within my boundary. The properties are less than 4 years old.

princeofpounds

Maverickon said:

 But developer is now forcing me to grant right on the unallocated parking space as well. As I said the driveway and the unallocated parking space belong to my property/within my boundary. 

I think this is the point at which you cease to be compliant putty. Remember, the developer may not be able to force you to do anything at all. Just because someone says there is a parking space in that spot, or in your neighbour's driveway for that matter, does not mean there actually IS one. 

Maverickon

@princeofpounds
The title deed denotes the parking space as  (U).  However, there is no mention of what this (U) stands for in the title deed. The legend sections states VP = Visitor Parking, thats about it.  

Jeepers_Creepers

Maverickon said:

@Jeepers_Creepers
The unallocated parking space is alongside the driveway. It is a parking space and parking there will not block access to allocated parking bays of mine or neighbour.  When we moved to the property, I told the neighbour to keep the bay clear, so visitors to either properties can use. After a while they started parking their car continuosly though they have allocated spaces. I started digging into the title deeds and thats when I came to know they don't even have ROW. I approached the developer about this and said I was OK to provide ROW only to access their allocated parking/garage. But developer is now forcing me to grant right on the unallocated parking space as well. As I said the driveway and the unallocated parking space belong to my property/within my boundary. The properties are less than 4 years old.

Hmmm, so this space was ideally meant for 'visitor' parking, but your neighb started to use it as an easy space in which to park, possibly even trying to assert 'ownership' over it? Hmmm.

My gut says to tell the developer that, because you are a fair and decent person, you wouldn't wish to deprive the neighb of access to their garage, so are actively considering allowing this change to be made to the deeds at no cost to the neighb. That is because it is fair and reasonable and is what everyone assumed was the actual situation in any case.

However, the 'unallocated' parking space was equally understood by everyone to be just that - designed for 'fair' use by both - but now the developer is expecting you to hand it over to a single user? And one that has been taking advantage of it over this time? Nah...

If they continue to aggressively pursue this parking space ('forcing'...?), then you will withdraw your consent for them to access their garage over your land too.  The developer has clearly messed up big time, so is trying to bully you into making the 'correction'. 

Seems to me that what is actually fair here is that the situation is returned to what folk actually believed it to be from the off - the neighb has rightful access to their garage, but no-one has sole claim over that space. And you will keep that space under your ownership - thank you - in order to maintain that reasonable status quo. You neighb can ask you for permission to park there in future...

princeofpounds

Maverickon said:

@princeofpounds
The title deed denotes the parking space as  (U).  However, there is no mention of what this (U) stands for in the title deed. The legend sections states VP = Visitor Parking, thats about it.  

Symbols on a title plan that are not defined in the deed have no formal standing as far as I am aware. The underlying map can come from a variety of sources and have the relevant information superimposed on them. That's particularly the case with newbuilds where the plan often comes from the development rather than ordnance survey.

That's not to say the developer or neighbour has no case, just that this particular piece of evidence is basically meaningless. Which it seems your solicitor agreed with based on their earlier conclusions

mrschaucer

Sorry, couldn't resist just coming back to say that YOUR NEIGHBOUR is going to have great difficulty selling his house at any stage unless YOUR NEIGHBOUR gets his access sorted.  HE is the one with a very big problem, not you!  

ProDave

Any chance of a picture or plan of the driveway layout and the disputed access bit?

anteguardian

I’ve been following this thread from the start, and don’t really have any knowledge on these matters so not really anything to add, but does anyone else just find this really interesting? 😂

I hope you manage to get to get it sorted OP, you sound like a very considerate neighbour that just wants to do right...

Jumblebumble

. We were OK to provide the right of way but the developer is asking more than required and is pointing to a clause in the contract that statesthe "Seller may need to make adjustments to the boundaries of the property but these will not significantly alter its area or value and the Buyer confirm it will assist the Seller by entering into any deed varying the original Contract/Transfer plan as necessary".

.

I would investigate via your own solicitor if they think you are bound by this for ever or only till you have completed and the property is yours.
It seems perverse that someone can come back years later and forcibly change your boundary on your house.
+1 to the advice to pay not much  attention to what someone else's solicitor is telling you.
A compliant to your solicitor who acted when you purchased the property might be fun