Potential Driveway boundary problem

ThisIsWeird

UnderOffer said:

Is the narrow part (red arrow) the shared area, as you would need to encroach on neighbours drive to then proceed down to your gates? Can you park beyond your gates in back garden? 

This was a similar set up in an old house of ours, the drive was shared, no parking or stopping on entrance, but it widened towards bottom so you could park directly outside your garage. You were only permitted to drive up and down to enter or exit from your garage/parking. No fence could be erected as neither neighbour would get a vehicle down there as too narrow. 

If that is the case, and confirmed in the deeds, then fine

Each would have a presumed RoW over the whole driveway in order to reach their respective parking areas beyond these gates.

The two neighbs can then agree - if they wish - to not be pedantic about that rule, such as it being ok to leave their car on that space temporarily during the day if both bays are free, or whatever other arrangement suits them. But equally clear about what is not acceptable.

On such a Deeded RoW-only basis, and with Legal Protection firmly in place in the house insurance policy, it should be fine...

ProDave

That bit would be useful if you for instance had a motorbike, or just wanted to keep a small trailer, and park the car in front of the house.

Albermarle

ProDave said:

That bit would be useful if you for instance had a motorbike, or just wanted to keep a small trailer, and park the car in front of the house.

I was about to say the same. Every other poster has assumed that parking a car on this narrow space ( or not ), is the only scenario.
It also gives easy access to the rear of the house and garden. From someone who only has a narrow alleyway, I can tell you that this would be very useful for any building work, or loading up a car, take stuff to the tip, unloading goods etc.

Maybe the fact the whole area appears newly done across both properties, would indicate a cooperative neighbour ? In the past we had a proper shared driveway ( only wide enough for one car ), and used to park our vehicles one behind the other. With a bit of forward planning, and cooperation it never caused an issue.

ThisIsWeird

We can only go by what we have been told, and the OP reported their surveyor's comments, "The driveway provides off road parking. The driveway is likely to be partly shared with your neighbour. You should ask your legal adviser to check your rights and responsibilities."

They are right to have this confirmed via their conveyancer, and should now be very informed of the pros and cons!

UnderOffer

worthy64 said:

UnderOffer said:

Is the narrow part (red arrow) the shared area, as you would need to encroach on neighbours drive to then proceed down to your gates? Can you park beyond your gates in back garden? 

This was a similar set up in an old house of ours, the drive was shared, no parking or stopping on entrance, but it widened towards bottom so you could park directly outside your garage. You were only permitted to drive up and down to enter or exit from your garage/parking. No fence could be erected as neither neighbour would get a vehicle down there as too narrow. 

Yes, the Narrow part is the area marked in red, it becomes wider near the garden gate. Currently, there is no legal arrangement mentioned in the deed.  most of the houses on the same street, park in front of the house and they have fences.  there is no need to park there.  

@w@worthy64 so you can park beyond gates if required in your back garden? 

Also, not sure if you mentioned, but does your solicitor have sight of the deeds and access is not described in that document?

Is this the only pair of houses that have created that type of blocked paved driveway in the street? 

HampshireH

This wider angle shows its not designed to be parked on much more clearly with the caravan in the rear garden evidencing it's use previously for access.

But also that they jointly had the area done In the cooperative approach mentioned above. Making it more likely that adding a fence would upset the neighbour (but not a given)

UnderOffer

Oh those photos show a much clearer picture, it’s almost exactly the arrangement we had with our neighbour. So as others have suggested I would not be suggesting to fence that off. 

Looks like you can park on front and occasional park for loading etc., on the shared driveway part. I can see why your surveyor is querying, as his visit may have coincided with your neighbour having already parked to the left. 

ThisIsWeird

worthy64 said:

@UnderOffer Yes I think, I can park, Please see the historical attached photo, which I have taken from Google Street View. 
The solicitor has sight of the draft contract, I think the deed should be part of that?  but the solicitor mentioned to me that there is no shared access or any arrangement. 
Yes, this house is near the bend in the road, has a blocked paved driveway. other houses have fences and they park in the front of their house. 

That info helps.
So, as far as we know, there is nothing referring to this driveway in the deeds? So, you own, and have full and sole rights over, your side from the centre of that white line, and your neighb ditto for theirs. 
So, what you both do in reference to parking there is to agree between you. If you both have cars that you can park close to your respective gates where the drive is wider, and this allows two cars, side by side, with easy access, and each able to be safely driven out without risk of damage to the other, then that sounds like a good agreement to make. Both parties would be completely accepting of the other 'trespassing' briefly over the white line with their doors and peds.
If, however, it's really awkward for two cars to be there side by side, then you either agree that one of you can do so, or else neither of you do! 
It's really significant that you actually have parking in front of the house. Phew.
Things can change, of course. Plenty cases on this forum of neighbours who have more cars than sense, but you always have the option of then going the nuclear fence route. You should be fully entitled to do this in order to prevent further trespass or piddle-taking, but bear in mind that you likely won't be able to put up this fence if it actually prevents the neighbour from accessing the rear of their house with their vehicle, as they've likely gained an easement to do this, as you will have done as can be seen by the caravan. Ie, if you could block their access to their rear but narrowing that drive excessively, then so could they to you.
In essence, it would be really foolish for either party to be inconsiderate, since the other party has the equal ability to do so in return.
What makes the whole 'is it worth buying?' situation now 'acceptable', imo, is that you don't need to park there, as you have parking further out. Had that drive been the sole parking option, I'd have been very concerned.
Check the SIP for 'any disputes or issues'.

swingaloo

If it were me and I really wanted the house then I would call and speak to the neighbour just to see how the land lies. If its a probate property then it may have been empty a while or had a elderly owner with no car. The neighbours car is on the front now but have you gone past regularly just to see if they do park on the drive. 
If they have been used to getting their own way they may want to continue as before or it may be that they bever park on the drive and are hoping that the new buyer will be a reasonable neighbour. 
I would have a chat and just get a feel for how they approach parking. Cant hurt and may put your mind at rest.

LightFlare

Not sure if its the angles on those pictures, but it looks as though the house on the left has made a bit of a land grab.

It appears as if the left hand house only has a pathway width and the one on the right a double gate width (on the older pictures)