Gate across private driveway in cul de sac

8username8

I am considering gating off my private driveway at the end of the shared private driveway (sort of cul de sac) to create an additional enclosed front garden for the kids to play. It is best explained with the diagram so I attach one.

On the diagram:

 - Existing fences in black

 - Gate in question shown in red

 - Land plot boundaries in grey dashed lines

Following considerations apply:

 - All plots of land in diagram are freeholds

 - Red line showing the gate in question is exactly on the plot boundary

 - Private shared drive is very generously sized. Such that even when my neighbour (labeled "Neighbour 1" on a diagram) makes a 3-point turn, he does not need to cross onto my land

 - Bins are left for collection on the pavement of the public road, not the driveway. This is where collection truck picks them up.

 - The area is very quiet and friendly so the gate would mostly serve the purpose of keeping kids (and pets) from running onto the public road rather than keeping anyone entering.

I would like to know the following:

 - What organization authorizes such development?

 - Will I need planning permission?

 - Where can I get a free (or not free) consultation?

 - What paperwork do I need to complete?

 - Any other things to bear in mind?

 Feel free to comment on the situation in general though I am mostly interested in the answers to the questions listed above. Any advice is appreciated.

amyr

From the diagram, what you're describing is a shared private road, not a shared driveway, as it appears each house has its own driveway. Who owns the private road? Do you pay a maintenance fee for this?

davidmcn

What interest do the title deeds give the neighbours in the proposed gated-off section of the road?

ssparks2003

You have described it as a SHARED driveway, but you wish to unilaterally convert it to a PRIVATE driveway accessed across a SHARED driveway. If it is SHARED then its not your to gate off since your neighbours have rights over it, perhaps neighbour 1 and 2 could also put gates across their bit of the shared drive too.

Neil49

The legal boundary of your property is as stated in the Land Registry plans and that should be your first point of reference. You start off by referring to your private driveway but I would interpret it as the end of a shared private road which you do not own as part of your property boundary.

If that is the case then you have no rights to gate off that section of the road even if you the only people who use it. 

lookstraightahead

Looks like a private road to me that you can all access, do you all own the road and pay for its upkeep? It is it a 'right of way' 

Titus_Wadd

You're current neighbours might not be bothered for now, but if they want to sell and a buyer's solicitor flags this gate as cutting short their right of way the path of least resistence would be to ask you to take down the gate.  Would you do that if asked?  Equally someone looking to buy your house may be disappointed to learn the gate shouldn't be there.  Too many ways to fall out with your neighbours, I wouldn't do it.  Teach your kids the green cross code, much easier!

gingercordial

If the shared driveway all the way down is really shared, with neighbours 1 and 2 have rights over that section in their deeds, you will have to extinguish their rights first and have this removed from their deeds.  They will have to agree to this - they may want payment to do so (ie you buy it off them) - what is it worth to you?  You would certainly need to cover all their legal fees for making this change to their deeds.  If either of them has a mortgage, then their mortgage lender will also need to be involved as they will be "losing something" (whether or not they use it) so the lender would need to confirm that giving up this right does not devalue their properties - and again you would be footing the legal fees for that and not guaranteed to get that permission if either lender does not like it.

So this could be very expensive and worst case could be that you've already paid whatever neighbour 1 is demanding as well as paying for all their legal fees, and then neighbour 2's mortgage lender does not allow it so you've wasted the money.

Have you spoken to neighbours 1 and 2 to see if they'd generally be OK with this?  As if either immediately says no you can go no further.

8username8

@amyr , @davidmcn , @ssparks2003 , @Neil49 , @Mickey666 ,

Thanks all for your feedback. Key points I understood from your comments:

 - It is important to understand status of the shared driveway: whether it is a driveway or a shared road

 - It is important to understand which exact part of it is shared and whether the part immediately in front of my house is shared as well.

I am now looking through my own deeds and house documentation and will be back shortly with more info

AnotherJoe

Id just put some gates in, maybe cheaper ones to start. and tell no one official*. If a neighbour asks, say its to stop the kids running into the road. (though how old are they? If young enough they need gates there should be someone with them, old enough not to need someone they'll be able to open the gates anyway)

* better to ask forgiveness etc. Otherwise you are into a complexity of permissions etc esp if its not clear who can give permission (even if its needed) as people will be reluctant to give it if they arent sure.

Thrugelmir

Mark the map with the actual boundary to your property.