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Driveway Access - Pinch Points - Knowing My Rights for Right of Way

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Comments

  • MattFurious
    MattFurious Posts: 35 Forumite
    10 Posts
    mabbit said:
    But they own right up to your garage threshold... At the very least the few metres in front of your garage could have been assigned to you!
    Details of what was intended will probably never be known! Unless there is some discussion to update the deeds of both houses with a new allocation and/or rule set, the only thing to do is understand my rights.  They will not amend anything favourable for my property unless I have rights that hinder their current usage...

    I may be stuck with how it is, I may not, so as soon as I know, I will let you all know and you can then refer to it in future.
  • Norman_Castle
    Norman_Castle Posts: 11,871 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    The bulge in the driveway is odd and as previously stated may have been intended as a passing place. The planning permission for where I live shows a parking area and states it must remain as one. If relatively recently developed your planning permissions may have required something similar. Unlikely the planning office will get involved but it may help your argument.
  • lincroft1710
    lincroft1710 Posts: 18,871 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    edited 21 May 2022 at 3:14PM
    Section62 said:
    Section62 said:
    Section62 said:
    DE_612183 said:
    There have been a couple of references in the thread to a "shared" driveway - but it isn't is it?
    It isn't?
    No, it appears to be a driveway owned by Mr X over which Matt Furious has a R-O-W
    Would you call it a 'private driveway' then?  Even though someone else has a right to use it?

    In all the years I worked in highways and planning, myself and the people I worked with would have referred to an arrangement like this one appears to be as a "shared driveway".  In that, I'm assuming the two properties were built at the same time, rather than one property having a driveway which a neighbour was subsequently allowed to take access from.

    Use of this driveway is shared.  Responsibility for maintaining it is shared.  The only thing not shared is freehold ownership, which is somewhat moot as the owner of the land is very much restricted in what they can do with the land due to rights 'owned' by the second property.

    If people had been calling it an "equally shared driveway" then DE_612183 would have had a valid point.
    My understanding of the term "shared driveway" is a driveway where one half is owned by Party A and the other half is owned by Party B, but both parties have equal R-O-W over the whole
    And if a third property owned by Party C has equal rights of way, but owns none of the land, what is it called then?
    It obviously it's still a shared driveway as there are still 2 owners. But none of this helps the OP as he has no ownership of the driveway in question.
    Not quite right...

    "It obviously it's still a shared driveway as there are still 2 **USERS** . But none of this helps the OP as he has no ownership of the driveway in question."
    Very much right, there are still 2 OWNERS (A and B.), but 3 USERS (A, B and C)
    If you are querying your Council Tax band would you please state whether you are in England, Scotland or Wales
  • MattFurious
    MattFurious Posts: 35 Forumite
    10 Posts
    Section62 said:
    Section62 said:
    Section62 said:
    DE_612183 said:
    There have been a couple of references in the thread to a "shared" driveway - but it isn't is it?
    It isn't?
    No, it appears to be a driveway owned by Mr X over which Matt Furious has a R-O-W
    Would you call it a 'private driveway' then?  Even though someone else has a right to use it?

    In all the years I worked in highways and planning, myself and the people I worked with would have referred to an arrangement like this one appears to be as a "shared driveway".  In that, I'm assuming the two properties were built at the same time, rather than one property having a driveway which a neighbour was subsequently allowed to take access from.

    Use of this driveway is shared.  Responsibility for maintaining it is shared.  The only thing not shared is freehold ownership, which is somewhat moot as the owner of the land is very much restricted in what they can do with the land due to rights 'owned' by the second property.

    If people had been calling it an "equally shared driveway" then DE_612183 would have had a valid point.
    My understanding of the term "shared driveway" is a driveway where one half is owned by Party A and the other half is owned by Party B, but both parties have equal R-O-W over the whole
    And if a third property owned by Party C has equal rights of way, but owns none of the land, what is it called then?
    It obviously it's still a shared driveway as there are still 2 owners. But none of this helps the OP as he has no ownership of the driveway in question.
    Not quite right...

    "It obviously it's still a shared driveway as there are still 2 **USERS** . But none of this helps the OP as he has no ownership of the driveway in question."
    Very much right, there are still 2 OWNERS (A and B.), but 3 USERS (A, B and C)
    I live here, it is my house, it is my request to understand my rights, and for the land that has a RoW that I am entitled to use there is 1 OWNER and 2 USERS...  

    Where is the 3rd person in all of this coming from.  It was a random example for reference purposes.

    I assure you, for my situation, there is no 3rd person involved.
  • lincroft1710
    lincroft1710 Posts: 18,871 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    edited 22 May 2022 at 3:18PM
    Section62 said:
    Section62 said:
    Section62 said:
    DE_612183 said:
    There have been a couple of references in the thread to a "shared" driveway - but it isn't is it?
    It isn't?
    No, it appears to be a driveway owned by Mr X over which Matt Furious has a R-O-W
    Would you call it a 'private driveway' then?  Even though someone else has a right to use it?

    In all the years I worked in highways and planning, myself and the people I worked with would have referred to an arrangement like this one appears to be as a "shared driveway".  In that, I'm assuming the two properties were built at the same time, rather than one property having a driveway which a neighbour was subsequently allowed to take access from.

    Use of this driveway is shared.  Responsibility for maintaining it is shared.  The only thing not shared is freehold ownership, which is somewhat moot as the owner of the land is very much restricted in what they can do with the land due to rights 'owned' by the second property.

    If people had been calling it an "equally shared driveway" then DE_612183 would have had a valid point.
    My understanding of the term "shared driveway" is a driveway where one half is owned by Party A and the other half is owned by Party B, but both parties have equal R-O-W over the whole
    And if a third property owned by Party C has equal rights of way, but owns none of the land, what is it called then?
    It obviously it's still a shared driveway as there are still 2 owners. But none of this helps the OP as he has no ownership of the driveway in question.
    Not quite right...

    "It obviously it's still a shared driveway as there are still 2 **USERS** . But none of this helps the OP as he has no ownership of the driveway in question."
    Very much right, there are still 2 OWNERS (A and B.), but 3 USERS (A, B and C)
    I live here, it is my house, it is my request to understand my rights, and for the land that has a RoW that I am entitled to use there is 1 OWNER and 2 USERS...  

    Where is the 3rd person in all of this coming from.  It was a random example for reference purposes.

    I assure you, for my situation, there is no 3rd person involved.
    I was not referring to your situation.


    My original comment was about what I understood to be a shared driveway, which is where there are 2 houses which each own a piece of land of equal width (but each not wide enough for a vehicle) at the side of their house and each has an R-O-W over the other house's land. @Section62 then made the comment about a third house which did not own any of the land but had a R-O-W over said land. So in that situation there are 2 owners and 3 users.
    If you are querying your Council Tax band would you please state whether you are in England, Scotland or Wales
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