Unadopted Roads and Shared Driveway

Noidea2021

I'm really hoping someone can help me.
When I moved into my property 2 years ago, we chose the property because it was at the end of an unadopted road and the parking was good for this reason. The road passes my neighbors drive, then ours and then stops just past my living room window. On the Deed, we own the road directly in front of my house and in front of our driveway and we are responsible for the upkeep of this and have had to take indemnity insurance as we are also liable, should someone injure themselves due to poor maintenance.
The previous owner actually informed us that the road in front was theirs and they used it for parking.

6 weeks after we moved into the property, a knee rail was put up around the boundary of the road, as residents were driving over the grass to get onto the main road. This meant that it became hard to get up and down the road meaning that we either have to reverse up or down the road to get in and out. Since then our neighbor has claimed that he struggles to get in and out of his driveway. When it is dark (especially when its raining) it can prove tricky to reverse up the road. The house is freehold but we pay a local maintenance company (I'm not sure what for if I'm honest). Our neighbor asked them if they would mind moving the knee rail back slightly to allow easier access up and down the single track road however, they have told him that they believe he has sufficient space to pull forward up the road and reverse in and out of his drive way. They state that if we were not to park in front of our house this would make it easier for him. They have told him that this is a shared driveway however, I can't see in our deeds that this is a shared driveway, just that it is unadopted and on the plans it is included in our property.

The maintenance company have informed him that if he would like they can attempt to prevent us parking there by a covenant, however he has told me that he will not pursue this but he obviously in unhappy as he wouldn't have approached me to inform me that he has raised the issue and forwarded me on the e-mails. 

The most frustrating thing about it all, is that I can actually pull forward up the road with 2 cars parked where we currently park and comfortably pull into his driveway.
The covenant that the maintenance company have sent him is that we can should not obstruct him accessing his property, but we do not currently obstruct him accessing his property.

Sorry for the ramble but I wanted to give a clear and fair picture before I ask, but do they have a right to stop us parking in front of our house if we are not obstructing anyone?

I don't know how to discuss this with my neighbor, I obviously don't want to turn around and say, 'I can drive up and reverse into your drive, so why can't you?' If I could park somewhere else then I would, but unless I want to park my car two streets away then there isn't an alternative. He is a lovely neighbor and if I could accommodate him anyway, I really would

Any advice would be appreciated

user1977

A diagram would help.

RelievedSheff

This is exactly the reason we avoided any house with a shared driveway. They are nothing but trouble and are guaranteed to cause arguments between neighbours.

If the area you are parking in is a shared driveway then you will have to allow access for the neighbours and stop parking there.

What do your deeds say?

Even though it is part of your title boundary it may well be that there is a restriction on parking in that area to allow unhindered access for the neighbouring properties. The devil is in the detail of the wording in the deeds.

It is probably best to try and find a solution between yourselves because and legal action taken will likely prove expensive.

ciderboy2009

So is that a covenant on your deeds already?  They can't just add new ones whenever they feel like it.

If it is then what is the exact wording on it?

Do your neighbour's deeds state that they have a right of way over that part of the road?

If so then what is the exact wording of that?

Alternatively, is there anything on the deeds which mentions the shared driveway?

I'm struggling to picture the layout from your post - could you post some photo's or a plan please.

canaldumidi

I'm unclear who put up the railing, and by what authroity.

If you own the section of road outside your house, who owns the rest of the road?

Were does the 'maintenance company' come into it? Do they own part of the road? Are they employed to 'maintain' part/all or the road, and if so, by whom?

theoretica

Seems it would be worth unpicking the maintenance company's authority and who actually wants which bits of the guard rail.  If you are responsible for maintaining the bit outside your home, and other neighbours may well have similar, then who gets to decide you have guard rails you don't like? 

The discussion to have with the neighbour might be to work out if there is a place you can tuck the car and leave him room to pull forward and reverse in - if you have a few inches to play with in exactly where you park.

Titus_Wadd

We have no street-lighting which makes reversing at night, especially in the rain difficult; a couple of solar lights in the front lawn help a lot.

If you can download your neighbour's house deeds from the Land Reg you will see if they have any right over your part of the road.  If there's no specific covenant re the road usage or parking is the management company relying just on a  general "no nuisance to other home owners on the road" covenant which would require them to show a significant on-going nuisance by your actions (I think, don't quote me).  More worrying is whether your membership of the management company entitles them to bill you for legal action they take against you.  Definitely try to find a compromise with the neighbour if you can and check your insurance policies etc for legal cover in case it gets ugly.

I wonder why there's a management company if each householder is already maintaining their own bit of the road?  Did they consult the home owners about the railing and bill them for it?  Sorry more questions than answers.

sheramber

Who owns the grass that the people were driving over?  Presumably this grassy area is opposite your houses.

canaldumidi

OP was Last Active 6 January at 3:48PM

Do you think they'll return?