Driveway issues

Freerk80

We have a thin driveway between ours and our neighbours which is only wide enough for 1 car. The neighbours have taken to parking their cars all alongside our house on part of my side of the drive. In the deeds there is no mention whatsoever of it being shared and also no mention of access being required. We want to build a fence for security and so I can get out my newly installed side doorway into the driveway however they are blocking access. Other houses with exact same set up on our street have either built extensions over their halves or built a fence / lean to. I dont want to go round and speak to them until we have absolute proof that we can build our fence ( either on boundary line to create party fence wall or inside our boundary as I know we don't need their approval.) Any advice on how to approach? 

Doozergirl

What does your title plan show? 

Freerk80

Title plan shows red line down middle of the driveway

Ectophile

If you want, you can pay a few pounds to the Land Registry and download a copy of their deeds too.  If neither says anything about access rights, then there aren't any.

Doozergirl

And nothing else? 

Sounds like you can erect your fence.  

Freerk80

This is what it says in my deeds

"IT IS HEREBY AGREED and DECLARED (1) that the house wall separating the

messuage hereby conveyed from the adjoining messuage on the Eastern side

thereof shall at all times hereafetr be maintained and repaired

accordingly (2) that all eaves spouts down rain water spouts cisterns

passages drains and other matters and things now used and enjoyed or

intended to be used and enjoyed in common by the owners and occupiers for

the time being of the property hereby conveyed and of the Vendor's

adjoining or neighbouring property shall continue to be so used and

enjoyed and shall be repaired and maintained at the fair and

proportionate expense of the owners of the properties entitled to use the

same and (3) the Purchaser shall not by virtue of this Conveyance be

entitled to any right of llight air or other easement over any adjoining

property now belonging to the Vendor which would interfere with the free

user of the same for building or other purposes."

What does the easement bit mean? Any ideas?? 

Thank you

canaldumidi

the house wall separating the messuage hereby conveyed from the adjoining messuage on the Eastern side...

Where is this? Is this the relevant area?

the Purchaser shall not by virtue of this Conveyance...

I assume 'The Purchaser' refers to purchaser of your property?

3) means you (your property) gains no rights (light, easements ie rights of way) that would interfere with the neighbour using existing spouts, drains etc.

Title plan shows red line down middle of the driveway

I assume the red line marks the bounday of your entire property? It's not some additional boundary feature?

Depending on the answers/my assumptions, you own half the drive, so can erect a fence down the middle. To avoid any dispute over who actually owns the exact centre line, erect the fence marginally on your side of the boundary.

But first:

Freerk80

The Eastern side is not the relevant side I am querying.

I thought I could erect a fence however I wanted to be doubley sure with my facts so I can just advise them we are building a fence. 

Thanks for all the help on this I appreciate it