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Change of access to shared driveway
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Only entrance currently is a dropped kerb and drive through a gate and straight up is our property but right turn is onto their propertyAnt555 said:Is this one of the layouts where there is a 'single' driveway running between the houses that splits at the rear to garages and you both effectively own half of it? Or is it 'your' driveway and they simply have right of access to the rear of their house.
is vehicle access required to the rear as I cant work out from the description where the fence is going? Is it to fence in their own front garden but they still retain access over your land to the rear?0 -
They would be giving up their right of access as they would be creating their own dropped kerb/accessTELLIT01 said:If they are giving up the right of access over your land that needs to be defined fully and properly by a solicitor. The last thing you, or other occupants of your property, need is somebody looking at the deeds at a later date and insisting that the right of be reinstated. If there is a mortgage on either property any change would also have to be agreed by the mortgage holder.0 -
All physical changes will be the addition they need for the dropped kerb outside their property plus removal of trees. The existing entrance will stay at the front of our property so no physical changes there (except replacing damaged gates which they did). On paper it’s the change of boundary line!prowla said:Are all of the changes on the neighbour's land?If so, it's theirs to pay for.If the changes are on the OP's land, then have they been agreed?0 -
They would be giving up the right of access and I will definitely be looking into using a solicitor. Just feel we should not be expected to contribute to additional costs to changes on their land/property sideTELLIT01 said:If they are giving up the right of access over your land that needs to be defined fully and properly by a solicitor. The last thing you, or other occupants of your property, need is somebody looking at the deeds at a later date and insisting that the right of be reinstated. If there is a mortgage on either property any change would also have to be agreed by the mortgage holder.0 -
All physical changes on their side: remove trees, drop kerb. Happy to share costs for a say In The boundary fence but wasFor what reason do they think you should be paying half?
If your deeds show they have access and you are granting that I can't see any reason why your obligations would extend beyond this.
You may wish to buy a can of spray paint and draw a line marking where you believe the boundary lies, ensure there is a clear marking at a reference point at either end and take photos as well as ask the neighbours for their opinion.
Given their apparent unfounded request for payment you are best ensuring the boundary line is firmly agreed between the two of you to save coming home one day and finding part of your land fenced off.
Another consideration is that this agreement they have to no longer access via your land does not mean that you aren't obligated to continue providing access, as unlikely as it may be if they sold and another owner wished to have access as per the deeds they would be entitled to it.
It is best that they pay for all work so that in the future you can't be accused of impeding access and face ripping out work you've paid half for to give access.
The only cost I would consider going halves on them with is that of removing their right of access from your deeds, assuming it's something that can be done (beyond my limited knowledge
) prowla said:Are all of the changes on the neighbour's land?If so, it's theirs to pay for.If the changes are on the OP's land, then have they been agreed?
not notified of any plans for submission of the work. Their argument is that it will increase the value of both properties so in both our interests to contribute0 -
Vehicle access at the front of property through dropped kerb, gates and then onto driveway with their driveway to the side. The boundary fence will go in a straight line in between houses to the front of the road with us keeping existing entrance and then creating a new entrance on their sideAnt555 said:Is this one of the layouts where there is a 'single' driveway running between the houses that splits at the rear to garages and you both effectively own half of it? Or is it 'your' driveway and they simply have right of access to the rear of their house.
is vehicle access required to the rear as I cant work out from the description where the fence is going? Is it to fence in their own front garden but they still retain access over your land to the rear?0 -
is it this?
_____________________________________________________
- Your Garage- | | -Their Garage -
|
| <-- Access here
| |
- Your House - | Your Drive | - Their House -
| |
| |
| |
- Your front garden - | | - Their front garden -
your dropped kerb Their proposed drop kerb
------------------------------_______________--------_____________--------------
Is this line drawing an accurate representation - if so then where is the new fence going?
Why is there a new dropped kerb being installed on their side - is it for additional parking at the front of theirs?
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You don't have to pay for anything if you don't want to.k1mmie said:
They would be giving up the right of access and I will definitely be looking into using a solicitor. Just feel we should not be expected to contribute to additional costs to changes on their land/property sideTELLIT01 said:If they are giving up the right of access over your land that needs to be defined fully and properly by a solicitor. The last thing you, or other occupants of your property, need is somebody looking at the deeds at a later date and insisting that the right of be reinstated. If there is a mortgage on either property any change would also have to be agreed by the mortgage holder.
They would be giving up the right of access because they think building a fence means they can't use it any longer or because they have agree to have the access clause removed from your deeds?In the game of chess you can never let your adversary see your pieces0 -
Is it possible to add photos on here?Ant555 said:is it this?
_____________________________________________________
- Your Garage- | | -Their Garage -
|
| <-- Access here
| |
- Your House - | Your Drive | - Their House -
| |
| |
| |
- Your front garden - | | - Their front garden -
your dropped kerb Their proposed drop kerb
------------------------------_______________--------_____________--------------
Is this line drawing an accurate representation - if so then where is the new fence going?
Why is there a new dropped kerb being installed on their side - is it for additional parking at the front of theirs?0 -
k1mmie said:They would be giving up their right of access as they would be creating their own dropped kerb/accessJust because they make another way onto their land doesn't mean that the right of access lapses.If they are happy to give it up (and their mortgage company agrees), get it done officially.
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