Shared Drive Woes

SenseandSensibility

Hi, I am seeking some advice on behalf of my mother, who owns a semi-detached house that shares a drive with the adjoining property. Both houses are situated at the end of a single long drive, before dividing into their respective drive ways (imagine a y-shaped arrangement, with the houses adjoined by a central wall that divides the living room areas). The drive is currently an open shared space, with only a small fence dividing a patch of grass at the front of the properties. The legal boundary of this open space runs the length of the drive way and is divided equally between both properties, however the deeds for both properties entitle both owners equal access to the shared driving for reversing/turning etc. 

For several months, my mother’s neighbours have highlighted their wish to divide the drive way down the centre with a wall, meaning that a significant amount of grass and wild flower beds would have to be taken up to accommodate this. My mother does not want this to take place and has persistently refused to engage with the neighbours about it, due to the effect it would have on the green space at the front. She is of the impression that any amendments made to a shared drive would legally require her permission to take, which for understandable reasons she does not want to give. The neighbours have started becoming quite aggressive about the issue, claiming they can make the changes without her permission. Where does she legally stand? I am very worried because she is an older woman living on her own, and her mental health has been greatly exacerbated by this. She has also resided in the property for almost 20 years, and does not want any changes made to the shared drive. 

Any advice would be greatly appreciated.

DE_612183

You probably need to check the deeds - is the shared drive owned "jointly" or does each house owner own half each?

SenseandSensibility

DE_612183 said:

You probably need to check the deeds - is the shared drive owned "jointly" or does each house owner own half each?

The shared drive is owned jointly, with the green space on each side owned by the property on the same side. 

Albermarle

Any idea behind the motivation of the neighbours in wanting to do this ?Is it maybe a practical suggestion, or can you not see any reason for the request ?
If they so want to do it are they willing to pay to have the driveway widened on both sides? Or pay compensation? 

DE_612183

If it's jointly owned I can't see anyway they can do anything without her agreeing. Is the patch of grass at the front the issue and is this jointly owned?

Any chance you can supply a photo or google maps image view?

ThisIsWeird

Hi SandS.

Does your Mum have Legal Protection included in her insurance policy? If not, do you?

If she does, then that's your first port of call for advice. (Your LP might be happy to provide some initial 'advice', but clearly it'll be limited, and they won't become 'involved'. Your Mum's LP should become engaged if required).

There's two separate issues here (actually, three - I'll get to that later); the first is whether the potentially new arrangement would/could actually make sense? Why do the neighbs wish to do this - what benefit is it to them? And, if there is a 'benefit' to them by doing this, why isn't there an equal benefit to your mum?

And the second issue would be how to make any change 'legal' for the future. It's all very well them building a wall with your mum's agreement, but if your mum's deeds continue to show this as 'shared', then they'll never truly own it outright. And that could cause all sorts of bother.

So, if your mum could be persuaded that it's a good idea, then the deeds should really be modified to reflect the new arrangement, or it'll almost certainly cause issues when either of you come to sell. That will be a cost.

Why is your mum set against this - she doesn't like change, or it really isn't a 'good' idea? What do you think?

Third issue - bullying and harassment. If you haven't yet done so, keep a concise record of every constant made between this neighbour and your mum, and what was said - as verbatim as possible - by each side. Any chance of putting up a CCTV camera, either overtly or discretely, to cover the area where your mum and this neighb could have conversations? Give these folk enough rope... :-)

SenseandSensibility

DE_612183 said:

If it's jointly owned I can't see anyway they can do anything without her agreeing. Is the patch of grass at the front the issue and is this jointly owned?

Any chance you can supply a photo or google maps image view?

Thank you. There are two front lawns on each side of the drive way that run the length of it, each of which is owned by the house on the same side . I’ve attached a satellite image. (My mother’s is the house on the left with the silver car)

SenseandSensibility

ThisIsWeird said:

Hi SandS.

Does your Mum have Legal Protection included in her insurance policy? If not, do you?

If she does, then that's your first port of call for advice. (Your LP might be happy to provide some initial 'advice', but clearly it'll be limited, and they won't become 'involved'. Your Mum's LP should become engaged if required).

There's two separate issues here (actually, three - I'll get to that later); the first is whether the potentially new arrangement would/could actually make sense? Why do the neighbs wish to do this - what benefit is it to them? And, if there is a 'benefit' to them by doing this, why isn't there an equal benefit to your mum?

And the second issue would be how to make any change 'legal' for the future. It's all very well them building a wall with your mum's agreement, but if your mum's deeds continue to show this as 'shared', then they'll never truly own it outright. And that could cause all sorts of bother.

So, if your mum could be persuaded that it's a good idea, then the deeds should really be modified to reflect the new arrangement, or it'll almost certainly cause issues when either of you come to sell. That will be a cost.

Why is your mum set against this - she doesn't like change, or it really isn't a 'good' idea? What do you think?

Third issue - bullying and harassment. If you haven't yet done so, keep a concise record of every constant made between this neighbour and your mum, and what was said - as verbatim as possible - by each side. Any chance of putting up a CCTV camera, either overtly or discretely, to cover the area where your mum and this neighb could have conversations? Give these folk enough rope... :-)

Thanks very much for your advice, it’s much appreciated. I’m not sure if she has legal protection, but it sounds as though she would certainly benefit from it, so will ask if she does. 

The layout of the shared drive is quite unique (I’ve attached a satellite image to my previous post), and I think she feels the alterations the neighbours wish to make would severely and negatively alter the overall attractiveness of the space. She also has a large patch of wild flowers on her front lawn, and understandably has no desire to destroy this. Sorry I should have mentioned previously that it’s a single track driveway, so widening it to accommodate the neighbour’s vans, bikes and business vehicles would require my mother to chop down some beautiful trees and hedgerow etc. she has also been advised that it would significantly reduce the value of her home. 

SenseandSensibility

Albermarle said:

Any idea behind the motivation of the neighbours in wanting to do this ?Is it maybe a practical suggestion, or can you not see any reason for the request ?
If they so want to do it are they willing to pay to have the driveway widened on both sides? Or pay compensation? 

Their primary motivation seems to due to ongoing parking issues created by one of their frequent visitors, who has apparently reversed into my mother’s fence and driven over her lawn in several occasions (they are entitled to use my mother’s drive as a turning space, or alternatively reverse down the shared drive to exit the property). They also own a large work van and other cars. My mother has lived in her house for a lot longer and in that time created a beautiful front garden. In order for the neighbours to widen the driveway, they would need to take up and concrete over most of her front garden, and chop down a beautiful tree that has is 50 years old, which naturally she doesn’t want to do. 

DE_612183

ah, I now see - what they want to do in effect is create two separate distinct driveways to each house.

Not sure that this would reduce the value of her home - having a dedicated access to a main road I would suspect is more valuable than a shared one where maintenance costs are shared.

Have the neighbors applied for planning permission?

victor2

If neighbourly relationships are already soured, then legal advice (even if she has to pay for it), and possibly a letter from a solicitor to the neighbour stating the position, might stop them attempting to go ahead in the belief they have the right to do so. Maybe they are bluffing anyway, but evidence that the mother has actually taken legal advice should make them realise the bluff won't work.

From the view provided, it does look like such a change would be detrimental and devalue the property.