Weird rights over driveways

callumchip

Buying a house currently and something weird has come up. 

The driveway is about the size of 2 cars side by side and the boundary for the property is right down the middle, leaving space for a car each. However, there is a clause in the conveyancing saying that I have right of way over the neighbours side, and they have right of way over mine. 

Does this mean they have the right to permanently use my driveway as a parking space? 

Mojisola

If it's a standard right of way, neither of you have the right to park on it because the other has the right to use it at any time.

callumchip

The wording is...

'a right of way at all times and for all purposes over and along the strips of land forming part of the adjoining property'

Just to be clear. 

Section62

callumchip said:

The wording is...

'a right of way at all times and for all purposes over and along the strips of land forming part of the adjoining property'

Just to be clear. 

The meaning of "way" in "right of way" is only to pass and repass - in other words you can cross over the land to get somewhere else, but you don't have additional rights to use the land for some other purpose.  Parking on it would be an example of another purpose (i.e. not using it as a "way")

Very common for other people to have right of way over someone else's privately owned land.

The only thing you need to be careful about is that the provision of a right of way benefitting someone else doesn't stop you doing something you want to do with that land yourself.  I.e. if someone else has right of way then usually you can't park in that area as it will obstruct the right of way.  It is important therefore that the parking spaces themselves don't have a right of way benefitting someone other than the owner.

canaldumidi

Is this a drive at the front of the houses, ie the sole practical purposes being as a parking spot, or does the drive run between the houses, ie perhaps leading to garages (or some other parking arrangement) further up between or to the rear of the houses?

The only reason for a ROW to pass over the neighbour's drive would be in order to get to somewhere else......

Carrot007

callumchip said:

Buying a house currently and something weird has come up. 

The driveway is about the size of 2 cars side by side and the boundary for the property is right down the middle, leaving space for a car each. However, there is a clause in the conveyancing saying that I have right of way over the neighbours side, and they have right of way over mine. 

Does this mean they have the right to permanently use my driveway as a parking space? 

Should have been obviously a shared driveway from viewing.

Neither of you has a right to park there. People will. It may be a nightmare. Someone puts up a fence in a sulk, you will have to pay 10K's to sort it out.

Would not purchase without a signficant reduction, or maybe it already has compared to normal properties in the area and why you went for it?

(Is fairly common for houses of a certain ages but does not take into account !!!!!! of the modern era).

pinkshoes

It almost sounds like it's a driveway that you do not have the right to park on...

Or is it saying you can park but cannot put a barrier down the middle as you will need space to open your car door onto your neighbours part of the drive?

Personally I would run a mile! Or at least start making lots of enquiries about the current neighbours, go visit them, discuss the parking etc...

Ksw3

Do you have a picture?

jimbog

Trouble starts when the kids and their friends next door start getting cars and park on the shared driveway because they aren't able/can't be bothered to park on the road

RelievedSheff

Run a mile. Shared driveways like this are a nightmare. 

callumchip

Thanks for the responses, please see below an image of the rear of the property where the 'driveway' is. 

My house would be the one on the right of the image. 

You can see the divide between the 2 properties meaning half is the neighbours land and half would be mine. 

There were cars parked there when I viewed. 

I do also have a driveway of sorts behind that gate on the right, whereas the neighbour has some grass behind that hedge.