Weird rights over driveways

callumchip

This is the top-down view also

SavingPennies_2

callumchip said:

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. 

Personally shared driveways is a no no for me, and I don't even have a car, to much scope for problems further down the line. Would be interesting to know whose cars were there when you viewed though, did they belong to respective houses?

canaldumidi

and we are talking about the small area to the rght of the hedge? Not the road area in the foreground?

'a right of way at all times and for all purposes over and along the strips of land forming part of the adjoining property' that's the full wording? Is "the strips of land forming part of the adjoining property'" defined anywhere?

Common sense suggests it is for pedestrian access and/or to allow you to open a car door parked on your side but to let the door, and exiting passanger, pass briefly over the neighbour's side.

But common sense is not law (and vice verse)!

But a ROW (even 'for all purposes) does not include parking.

callumchip

That's the wording aside from a mention that it is indicated on the plans in yellow and green, and those areas are those between the hedge and the fence, yes. 

My thoughts were that it is to ensure I don't fence my side off and make it unusable by the neighbour, and, as you say, to allow you to step over the boundary when exiting a car or walking down the side of a car for example. 

I'm going to make another visit tomorrow and speak to the neighbour I think. 

booshya

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? 

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. 

This is not something which in my opinion I would run a mile from at this stage, or even expecting a price reduction because of..

But it is something that you should seek to clarify with your conveyancer rather than the neighbour. What you have been told does not seem to make such sense to me.
You hould have a layout provided, showing exactly what areas shared rights of way exist over.

It would make more sense if the shared access was over the common pathway to the front doors from Whitegate Walk



Looking at the other houses, none seem to have the same car parking spaces as this property and neighbour have. Although some appear to have individual garages in the equivilent space, so there would be no shared access over that.

Or perhaps the shared access should relate only to the hardstanding adjoining Plowmans Way (i.e. not the 2 parking spaces you show)? That would make more sense than what you appear to have been informed, but I don't understand why that would be and there are cars parked there, as would inevitably be the case.

getmore4less

I wonder if these spaces are a retro fit from what was there and the deeds refer to a previous layout.

the planning for that site build is not online

https://rotherham.planportal.co.uk/?id=RC1968/0072

looking at the map and selecting ownership next door is shaded differently when looking at freehold acquisitions and disposals 
https://maps.rotherham.gov.uk/mapping/