Shared Drive Woes

GDB2222

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. 

I can see why Mum doesn't want to lose her front garden. I can also see that the neighbours want to concrete over much of their front, so as to create much more parking, and I can see why your mother isn't keen on that either. 

Clearly, your mother has legal rights, but enforcing those in court would be costly and highly stressful. Also, nobody wants to be on bad terms with the neighbours. So, I suggest that you step in as a mediator, and try to find a compromise that helps the neighbours a bit whilst being fairly acceptable to mum. 

markin

twopenny said:

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.

As its not an even T they have to back all the way to her far wall or onto her grass to get the turning radius to turn around, But she can just turn left as she come home and then back into her parking spot. It would seem it could end up being a 5 point turn in a long van or Estate.

Its possible they currently drive forward up to her car bumper and then swing it around as they back up, but it wouldn't be easy in a big van and avoiding the fence that has been hit!.

I would say the fence should be at least a meter shorter if has to stay!

I think i would be fine but i know at least 3 drivers who would struggle with this a little.

 

SenseandSensibility

Thanks everyone for advice and responses. Some of the proposed solutions are also very thoughtful, I’ll share them with my mother. Essentially the neighbours are seeking to erect a fence along their boundary which is the length of the drive, and then pave over their side to allow for easier access/more parking for their various vehicles. Doing this however would require my mother to concrete over her lawn and chop down trees and hedgerow on her side, which she does not want to do, hence her refusal to agree with their wishes. The shared drive is split down the middle with each side of the drive and lawn belonging to the respective homeowner on that side, however their is a legal agreement in place, dating back to when the houses were built in the 1979s, allowing each resident equal access to the other person’s side of the drive for access etc. my mother has downloaded both hers and the neighbour’s deeds from the Land Registry, so is clear on how ownership and access to the deibe is divided. 

batman2000

You’ve already had good advice but I just wanted to say that I have a similar ‘shared drive’ situation with my own neighbour… our drive runs between our houses and ownership is divided down the middle with each having the right to access across the neighbours land. It can cause issues as your mum is finding out and she has my sympathy, because she shouldn’t feel pushed (bullied) into something she’s not happy with. Personally, I would worry about the effect of concreting more of the area and the potential for flooding - that might be another consideration? I’d definitely go for legal advice if my neighbour started being unreasonable with me.