Neighbour building a drive onto private road

nyermen

@Section62 Thats how I envisage it roughly too.  I would add, I think the added issue is everyone can park in front of their part (and in fact owns a bit of it), but if that driveway is there, then in your example if "C" parks accordingly, then Z also wouldn't be able to get in/out.  Hence the bollard to ensure they dont try access / blockage.  Unclear if "access to kings highway" right exists here (presumably not as it would be trespass).

Agree with others - use your house insurance legal advice option to confirm everything.

ThisIsWeird

It's quite common, I believe, on shared drives and roads like this, for each property to 'own' the section of that drive that follows their property's boundary lines, whether half-way or fully across the road, but that does not mean they can do with it what they wish; they need to maintain the full access and rights for the other neighbours as written in the deeds, and maintenance is also usually a shared responsibility. I guess, by dividing the 'ownership' like this, it prevents one neighbour from trying to exercise unfair rights over the others?

So the solution to this should not, I don't think, be done unilaterally - bollards and stuff outside the OP's house - but as a communal approach by all the affected neighbs, A-D.

And I would personally be advocating giving no quarter to 'Z' for their presumptuous behaviour. As far as I would be concerned, they've blown it.

And I'd have my phone set to record before having any other conversation with this neighb.

Section62

nyermen said:

@Section62 Thats how I envisage it roughly too.  I would add, I think the added issue is everyone can park in front of their part (and in fact owns a bit of it), but if that driveway is there, then in your example if "C" parks accordingly, then Z also wouldn't be able to get in/out.  Hence the bollard to ensure they dont try access / blockage.  Unclear if "access to kings highway" right exists here (presumably not as it would be trespass).

Agree with others - use your house insurance legal advice option to confirm everything.

If the private road was 'highway'* then possibly, but nothing the OP said so far suggests that is the case.

(*highways can be private in addition to the far more common 'public' highway)

The right would be access from land adjoining the highway, and since 'Z' in this case would have to cross other (private) land to get to the highway this right wouldn't apply.

Alderbank

propertyrental said:

Section62 said:

..

If A - D don't want Z using the road then if a polite chat hasn't worked, the next step should be getting professional legal advice and probably a letter from a solicitor to 'Z' telling them not to use the private road.

Another option, provided A-D all agree, gateway.would be a physical barrier installed at the entrance to the private road. Say a gate with padlock, or automatic pillar with remotes to activate.

A simpler option would be a physical barrier installed at the entrance to the new purple driveway. This could be a basic keylocked post.
The private road would be unimpeded but Z would be unable to drive a vehicle through his new gateway.

Sea_Shell

Has the occupier of "Z" been told, in simple plain terms, that the road is private and he has no right to access it, or park on it?

If so, and they are carrying on with their plans and ignoring you (all*), then I'd go with the bollards/post in respect of your "bit" and encourage your neighbours to do the same.


*Are all the residents of the private road on board and aware?  Or are those unaffected not wanting to get involved.  Even if you are the only one directly affected, it would be good if everyone else was aware and on board.

Numpty22

Thank you for all of your advice, I have tried writing a kind letter and attached my boundary plans etc, but unfortunately have been met with hostility/claims I am lying.

I have attached a photo- the blue van belongs to the resident mentioned and mine is the white car- the garage behind the blue van is also mine (it’s not blocking the garage). Where their van is now is half within mine and half my neighbours boundary. The gate they are constructing goes from the garage to the palm tree. The white car is mine- which has halted their construction.

i think we as residents are going to build our own fence parallel on this side, but cannot do so yet as the blue van has not moved now for 3 weeks and is parked right up to the fence

Numpty22

I should add my boundary extends from my fence and then left to my garage and my next two neighbours to the left have the same and so on, so we have ROA through each others space (and we aren’t strict on parking in our own “space” generally as we get along and as long as there are room for the 4 cars we manage) but this one being there and the creation of a gate will get rid of at least one, if not two, places to park. 

Numpty22

Section62 said:

From the OP's description I think the situation is something like this -

The OP lives in one of the properties A - D (etc) which front onto a path and have a private road access at the rear.  The neighbour 'Z' on the main road is building a new driveway in their back garden and expects to use the private road as the means of access.

If so, then on the basis the private road is owned by A - D and assuming 'Z' has no existing RoW over the road, then although there is probably nothing* stopping them building the driveway, they wouldn't be able to use the private road for access without permission.  (*except possibly planning restrictions or covenants)

If A - D don't want Z using the road then if a polite chat hasn't worked, the next step should be getting professional legal advice and probably a letter from a solicitor to 'Z' telling them not to use the private road.

Personally I'd only want to agree to Z having use of the private road on condition they are legally added to the RoW and also formally accept a share of the maintenance responsibility.

Given the titles of all the properties with existing use/ownership of the private road would need amending there could be a significant legal bill, which the owner of Z should be expected to pay.

Thanks for this! Our boundaries on our deed all extend across the road up until it meets neighbour Z’s fence, and in my case it goes up to their fence and then left to where my garage is (old fashioned garages not attached to the houses). 

I did mention about willingness to contribute to the maintenance of the road but neighbour Z said they won’t be doing that/do not care if it is a private road/ will be continuing. But not quite so politely. The blue van is there’s which has been there for 3 weeks now and not moved and they have started putting in gateposts which go from the garage to the palm tree. 

Flugelhorn

I can see one problem with you putting a fence up is that they will just take it down. Very frustrating having neighbours like that - might have to wait until the van needs an MOT and then they will have to move it (you can check the date online)

FreeBear

Flugelhorn said: I can see one problem with you putting a fence up is that they will just take it down.

Put in some armco with concreted in posts ( https://firstfence.co.uk/3200-armco-kit ). A blob of weld on the bolts will stop anyone from dismantling it with just hand tools. If they get an angle grinder or cutting torch out, you get the police involved for criminal damage.