Gate across private driveway in cul de sac

Section62

8username8 said:

That's exactly the sort of explanation I was hoping for! Thanks so much for taking time to explain in detail. Going to order copies of deeds from the land registry.

You also need to check the planning file(s) for the properties.  It is possible there is a condition requiring the shared drive/road to remain ungated and usable by all properties, even if the right to do so isn't expressly set out in the deeds.

The width and length of the drive/road is also a factor.  For example, the total length might have been designed to allow a service vehicle (e.g. removal van) to park fully off the road.  Gating the end section might prevent that happening and again become a planning issue.

Overall, if the shared area extending as far as it does doesn't have a purpose, then the question is why it was designed that way in the first place?  Finding out the purpose (if there is one) is the key to working out what you can and cannot do.

Irishpearce26

8username8 said:

Thrugelmir said:

Mark the map with the actual boundary to your property. 

Here you go. In dashed yellow:

You just changed the colour not your actual boundary as per your land registry, what does your deeds state? If the shared access is in shaded grey then it is not your boundary but common land. Having lived in a similar plot this is a no go, you aren't entitled to gate it off and you will almost certainly annoy your neighbours.

8username8

Redwino222 said:

I would also check who has a right away over the shared lane.  The developer may also have access - is there possibility of further development past your house?  

No, this development was complete 30 years go. All plots around are sold and houses are built. There is no other access than from thepublic road shown in the plan

lookstraightahead

If you are changing the driveway into a garden, wouldn't the developer have done that to start with to make more money? Did you download the deeds? Do you own the road outside your house?

8username8

Irishpearce26 said:

8username8 said:

Thrugelmir said:

Mark the map with the actual boundary to your property. 

Here you go. In dashed yellow:

You just changed the colour not your actual boundary as per your land registry, what does your deeds state? If the shared access is in shaded grey then it is not your boundary but common land. Having lived in a similar plot this is a no go, you aren't entitled to gate it off and you will almost certainly annoy your neighbours.

This is the boundary of my land as per land registry...

davidmcn

8username8 said:

Irishpearce26 said:

8username8 said:

Thrugelmir said:

Mark the map with the actual boundary to your property. 

Here you go. In dashed yellow:

You just changed the colour not your actual boundary as per your land registry, what does your deeds state? If the shared access is in shaded grey then it is not your boundary but common land. Having lived in a similar plot this is a no go, you aren't entitled to gate it off and you will almost certainly annoy your neighbours.

This is the boundary of my land as per land registry...

And do the neighbours have any rights within your boundary?

Irishpearce26

8username8 said:

Irishpearce26 said:

8username8 said:

Thrugelmir said:

Mark the map with the actual boundary to your property. 

Here you go. In dashed yellow:

You just changed the colour not your actual boundary as per your land registry, what does your deeds state? If the shared access is in shaded grey then it is not your boundary but common land. Having lived in a similar plot this is a no go, you aren't entitled to gate it off and you will almost certainly annoy your neighbours.

This is the boundary of my land as per land registry...

I would need to see a picture of the land registry to comment more. No one owns the shared access but usually all responsible for its maintenance. It may fall in your boundary but I would hazard a guess your covenants prohibit you from blocking it which is what a gate would do. Either way if you put a gate up expect some backlash from your neighbours.

lookstraightahead

Why really do you need to put a gate up. Can't you just put a gate round your garden?
Wouldnt it be nicer to just be equal with your neighbours rather than create some hierarchy as to land ownership? 
If I was your neighbour, I wouldn't be your friend, sorry.

davidmcn

What the OP really doesn't want to do (no matter how agreeable everybody currently is to the proposals) is create a discrepancy between what's on the ground and the title deeds, which then becomes a headache the next time any of them comes to sell or remortgage.

JJR45

Mickey666 said:

I can see no sensible reason for neighbours 1&2 having any right of way over the section of driveway on the OP's plot.

Maintenance, I presume they are jointly responsible for the road. (Hardly fair house 1 would have full liability for the road in front of their house when 2 others have access)
Access to utilities, drainage etc.
Turning round.
Also it is easier to write in than create a separate agreement for each. 1 clause for 3 contracts is far easier, all granted access to the same road.