Shared driveway dispute

Lollipop123_

Neighbour has had plans passed to build a single storey extension to the side of their house, on our 'shared driveway'. We each own half of it with no fence to separate. 
Both halves lead to freestanding garages slightly offset at the rear of our properties.
The build will be up to the boundary and the full length of their property, leaving our side very tight for our vehicles..opening doors etc.
We each have a 2.7m square before the garage which the neighbour uses as a dumping ground.
 It is very unsightly and full of weeds. This will only get worse once the build is finished!
We have erected a small fence within our boundary which blocks off the mess for us. 
We think that they thought they could access their back gate using our drive, that would be the only way. 
They are already using our drive to access their passenger doors, the doors have to swing over our boundary. 
We objected fiercely to planning to no avail. 
Neighbour now has the audacity to quote the Party Wall Act 1996 to us concerning any further works we may do within our boundary!
Surely the should be his concern as he will be digging foundations within 3 metres of my property!
Our title deeds say we have 'full right of way at all times' not sure if this applies to the driveway?
A solicitor has quoted £2,500 plus vat to possibly help us, no guarantees I suppose.
I am really loathed to spend money on this but would be grateful if anyone had any experience of this sort.

DullGreyGuy

Did you raise your concerns with the Council after the plans were submitted? Why are you only raising it after the plans have passed?

DE_612183

any chance of a diagram or pictures that might help understand?

i would ask for a link to the planning application, but that would identify you (possibly)

Section62

Lollipop123_ said:

Neighbour has had plans passed to build a single storey extension to the side of their house, on our 'shared driveway'. We each own half of it with no fence to separate. 
Both halves lead to freestanding garages slightly offset at the rear of our properties.
The build will be up to the boundary and the full length of their property, leaving our side very tight for our vehicles..opening doors etc.
We each have a 2.7m square before the garage which the neighbour uses as a dumping ground.
 It is very unsightly and full of weeds. This will only get worse once the build is finished!
We have erected a small fence within our boundary which blocks off the mess for us. 
We think that they thought they could access their back gate using our drive, that would be the only way. 
They are already using our drive to access their passenger doors, the doors have to swing over our boundary. 
We objected fiercely to planning to no avail. 
Neighbour now has the audacity to quote the Party Wall Act 1996 to us concerning any further works we may do within our boundary!
Surely the should be his concern as he will be digging foundations within 3 metres of my property!
Our title deeds say we have 'full right of way at all times' not sure if this applies to the driveway?
A solicitor has quoted £2,500 plus vat to possibly help us, no guarantees I suppose.
I am really loathed to spend money on this but would be grateful if anyone had any experience of this sort.

The answers will depend on exactly what "shared driveway" means, and what (if any) rights you have over the part the neighbour intends to build on.

marcia_

 Do your deeds say you own half the drive with a boarder or does it say it is a shared drive no border. 

Lollipop123_

DullGreyGuy said:

Did you raise your concerns with the Council after the plans were submitted? Why are you only raising it after the plans have passed?

We objected as soon as it was on the planning portal. Asked for a site visit which they did. The building was reduced in size slightly after this and conditions of creating a front parking place for their vehicles. Work will not start for a while yet.

stuhse

Planning do not consider private rights of way, even if one does exist.  Is it a shared drive, or 2 driveways next to each other with no fence ?

WIAWSNB

Hi Lollipop.

Please separate the emotive from the actual issue. The following does not matter, and shouldn't be included in any comms you have with any official department:

"which the neighbour uses as a dumping ground. It is very unsightly and full of weeds. This will only get worse once the build is finished!...audacity..."

What is of importance is whether this extension interferes with your shared right for 'full right of way at all times'. 

For this, we do need the deeds map, hopefully colour-coordinated, and all the associated text. 

A separate issue is the 'Party' one. From this, I presume they are intending to build right up to the known boundary line, and this reference is to you should you decide to do the same in future. Ie, you become 'semi' with your lovely neighbour... If that isn't the case - if they aren't going right up to the boundary  - then their reference to the PWA could be that they acknowledge that you have the right to engage a PWA surveyor - at their expense - to oversee the works and ensure compliance, since it's within Xm of your foundations. Which would be a decent thing of them to do. But, I obviously don't know.  

We need more info.

Grumpy_chap

The OP may find this thread worta read:
https://forums.moneysavingexpert.com/discussion/6605622/access-to-my-property-for-building-works-next-door/p1

Lollipop123_

Thanks I will look

bobster2

Lollipop123_ said:

We have erected a small fence within our boundary which blocks off the mess for us.

We think that they thought they could access their back gate using our drive, that would be the only way. 

They are already using our drive to access their passenger doors, the doors have to swing over our boundary. 

There's a bit of an inconsistency here - you're concerned with your right of way over the half of the driveway that they own - but are moaning about them exercising a right of way (by swinging their car doors) over the half of the driveway that you own.