Shared Drive Woes

DE_612183

If the front lawn is "owned" by your mother - they can't just dig it up and concrete over it..

Albermarle

SenseandSensibility said:

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. 

Why can they not just widen it on their side and leave your Mother's front garden alone? Or even just more space to turn around on their side?
Appreciate there will still be some legal issues here, but is there something physical preventing these as  options?

ThisIsWeird

I don't understand what the neighbs are hoping to do, S&S.

The long driveway to the road is shared. Then, when it meets the semi, it divides into two, each serving their own house. These are individually owned, but each also has the right to reverse/pass over the other in order to turn their vehicle? That makes sense, as it would be very awkward otherwise. I presume, for example, that your Mum does do this - pass over the 'boundary' - in order to change the direction of her car before she parks it facing out as shown in the pic?

So, what, exactly, are the neighbours proposing? I've added a yellow line which presumably indicates the boundary? If it's anywhere near accurate, it would suggest that your mum has a reasonably-sized front garden next to this boundary, and the neighbour has perhaps a hedge, but most of their space is for parking?

What is it they hope to do?

LightFlare

Albermarle said:

SenseandSensibility said:

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. 

Why can they not just widen it on their side and leave your Mother's front garden alone? Or even just more space to turn around on their side?
Appreciate there will still be some legal issues here, but is there something physical preventing these as  options?

Agree -- there seems to be plenty of space on their side (if not more) to achieve what they want

DE_612183

I think perhaps the grass area in a sort of 1/4 circle is what they want to pave over and possible chop down trees alongside the single driveway to create 2 separate driveways.

I wonder whether there is more history here that is why the neighbor is trying to separate the two properties and there access entirely.

If there have been complaints about the use of business vehicles, fences knocked down - perhaps they see this as a remedy?

stuhse

SenseandSensibility said:

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. 

I believe you need to get a proper understanding of how the land is held.  I do not believe the drive can be "owned jointly" in these circumstances .  Either one house will "own it" and the other will have "right of way",  or the boundary will be down the middle of the drive and each house will own half, with the other having right of way over the other half.    Your starting point is to download the deeds (including wording of any rights of way), title plans etc. to understand which house owns what and which house has rights of way over what and where exactly the property boundaries lie.   The strength of your mothers position will then become clearer (it will almost certainly be very strong).    The neighbours are bluffing because if they had the right to do what they are wanting they wouldnt have "asked" your mother in the first place.   You can download deeds from the Landregistry website for just a few pounds (about 4 i think).  Make sure you get the genuine site and not a scam site which charges much more.

ashe

SenseandSensibility said:

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. 

It depends what type of tree it is etc, but I'd speak to the council / your local councillor about that tree. if its 50 years old you might ask about getting it protected by a Tree Preservation Order. 

markin

Seem the is space for them to add a new drive along the fence, then it would be a long u shaped drive, it seems the drive is mostly on her side already so it would be unfair to make her widen it a meter rather than them to add 2m onto their side.

  

...................................

This would be a cheap natural solution, The will need to be some work for them to have a safe area to turn around, At the moment she seems to have a unfair advantage in turning around vs next door.



 

ThisIsWeird

S&S, could you explain clearly what the neighbours are proposing, please, because there's a whole lot of speculation going on?
And, the exact wording of the deeds, coupled with the deeds plan.
Thanks.

twopenny

Can't agree that she has unfair advantage.
It's simple, suits her one car.
If the neighbours want multiple vehicles then it's up to them to purchase to accommodate that.

If they made their own drive however, on their own side it would be to this ladies advantage as she wouldn't have vehicles turning outside her house with noise and damage. She may have to buy them out of the joint drive.
But is that their land?

But yes, it's got into the realms of fantasy now because we don't fully understand the layout.