Boundary and parking dispute on private driveway, advice needed!

Trevstonbury_2

Hi Guys,

I'm looking for some advice. I live down a small private driveway which runs in front of our house (1) and our neighbours (2). We both have parking at the end of the driveway which is a dead end.

The houses are very old and the way land is plotted is a bit haphazard. Another neighbour (3) who doesn’t live along the driveway but a few houses down on the main road has a piece of land backing onto the driveway that is currently used as a garden. As stated in their deeds which we have copies of, they only have access on foot to their garden (brown line), while both us and our neighbours have access at all times by any means so we can park our cars, as shown in our deeds.

The house has recently been sold and bought by developers who want to turn the garden into parking. Even though we have explained the access rights their view is that if we can drive down the driveway and park so can they even though their own deeds state differently. They have said they will be turning the garden into parking spaces no matter what. While I agree they can do what they want with their land to a degree, it doesn't mean they can bring vehicles down.

Along with our neighbours, we have since written a letter with all the copies of deeds boundaries etc and which is signed by all parties. Another neighbour (4) on the corner who actually owns the land where the driveway starts has said we could put a bollard up near the entrance if we want as he also doesn’t want any other cars to have access. Are we within our rights to do this if we all agree, or do the developers have a case to get it removed? Can anyone think of anything else we can do to ensure only us and our neighbours can have vehicle access, short of putting a bollard up or taking legal action? Any help/advice would be much appreciated!

greatcrested

I don't see anything preventing you (communally) from putting up a bollard, or a gate, or whatever, provided

a) all those who have a right of vehicular access are able to unlock/lower the bollard/gate and

b) all those who have pedestrian access can cirmumvate the bollard/gate on foot.

https://duckduckgo.com/?t=ffsb&q=utube+raising+bollard&iax=videos&ia=videos&iai=https://www.youtube.com/watch?v=i_Cw0QJU8ro

theoretica

Who actually owns the driveway?

Trevstonbury_2

Thanks for the advice. In answer to you question theoretica, number 4 owns the land up to house number 1 and then number 2 owns the last past that to where the parking starts.

25_Years_On

Surely if the developers want to sell the property they will have to report the dispute. Although it's not really a dispute. But I would imagine that this would put off any buyers. Even if someone puts in offer they will soon find out there is no vehicle access unless there's a string of cowboy developers, estate agent and conveyancer. Surely the sensible thing for the developers to do is to negotiate access rights and pay for it. If they don't and it goes for sale you can make the sure the estate agent knows the truth.

HampshireH

You can get electronic bollards which go up and down remotely.

Probably a last resort but definitely an option 

No. 3 is a very strange arrangement. Just out of interest where did the previous owners park?

Trevstonbury_2

Number 3 has never had off-road parking, they used to park in one of the surrounding roads. The previous owners requested access before but the neighbours didn't agree to it, I think there is a record with the council. Like I said the buildings are very old so the land layout is odd. We live in an area without much private parking.

davidmcn

I would expect the first conveyancer for a funder or buyer to throw a spanner in the works as soon as they notice the lack of access rights.

Salemicus

I view things slightly differently.

• Neighbour 4 owns a driveway, which various parties, including you, have an easement over.
• Neighbour 3 is planning to exceed his easement.

Unless there is further information in the deeds (which there may be!), this looks like a dispute purely between Neighbours 3 & 4. If Neighbour 4 wanted to, he could grant Neighbour 3 vehicular access over the driveway, and you'd have no basis to object.

Yes, Neighbour 4 could (threaten to?) put in bollards, but this will likely cost a few thousand pounds - and I assume you'll be asked to contribute to the cost. And it will no doubt annoy the developer, who may retaliate. What if they start being objectionable - noise, waste, etc? Knowing you can put up bollards may improve your BATNA, but as @HampshireH says it's probably a last resort.

I would suggest you consider:

• Why do you object to the proposed use?
• What would it take for you to be OK with it?

princeofpounds

It's correct to say that strictly this is just a dispute between number 3 and number 4. As long as your access rights are respected, 1 and 2 have no real say in what happens. But you are of course free to support number 4 given your aligned interests.

A bollard or two would be fine - they would not be substantial interference in number 3's pedestrian right of access, but would prevent vehicle access.

Developers often tend to be full of bluster, and sometimes will resort to direct action (if you can, get a CCTV camera on that bollard!). But they will not want a legal dispute that they have to declare on selling the property, nor will they want a property with apparent access problems (which most buying conveyancers should pick up).

They will probably try to scare number 4 with threats of legal action and general inconvenience. Then they will probably try to buy them off. Number 4 would be within their rights to accept the money, so be prepared for your alliance to split at some point.

It is a fair point to ask what the real root of your objection is here - you will not lose your own parking spaces or your access. Is it just the increased traffic down the alleyway, or something else?

Ditzy_Mitzy

@Trevstonbury_2, you mention the buildings being very old.  Are they listed or in a conservation area?  If so, there can be general or local restrictions in place regarding changes to the character of the buildings or surrounding land.  These can prohibit the conversion of gardens to parking spaces or, alternatively, create a requirement for planning permission to be obtained in advance of grubbing up a garden.  It's probably worth finding out and speaking to the council or building control if it is an issue.