Would I be able to build an extension on a shared driveway situation?

theonenonly

Potential house on the left hand side. The blue lines denote where the fences are. The red dashed lines denote where I'd like to build the extension.

Looking at the screenshot, is that possible? Or is part of the dashed box impeding a bit on the shared access?

I have the title documents btw and its not very clear at all.

eddddy

theonenonly said

I have the title documents btw and its not very clear at all.

It's entirely down to what the title plan and deeds say.

Typically, the extent of the shared access (where the neighbour has a right of way or easement) will be marked by a coloured line on the title plan.

Maybe you also want to mention your plan to your future neighbour, to see what they say. For example, if the reduced access area is going to annoy your neighbours, or make them think you're 'breaking the rules' (even if you're not) - do you want to move in and immediately get into an argument with your new neighbours?

Boohoo

What happened to the other dwelling you looked at buying earlier in the year?

Albermarle

It looks like the extension will block access to your garage, but not the neighbours. Is that correct ?

Boohoo

It also looks like no.9 garage/shed is over the shared driveway middle of the 2 houses.

But without seeing the title docs and the Google sat view being hard to get exact layout who knows.

theonenonly

https://forums.moneysavingexpert.com/discussion/comment/81901521#Comment_81901521

https://forums.moneysavingexpert.com/discussion/comment/81902029#Comment_81902029

Attached the title. No idea what this means, other than the red shaded part is the front of the house

Section62

https://forums.moneysavingexpert.com/discussion/comment/81902489#Comment_81902489

Attached the title. No idea what this means, other than the red shaded part is the front of the house

You need to read through the words as well to see if there is a reference to the shared driveway.

However, it looks like the properties have rear vehicular access (some in the row have rear garages) so it is possible the gap between 7 and 9 may not have originally been intended for vehicular access - it could just be an informal arrangement between the neighbours. The gap between 7 and 9 looks a bit narrower than typical for shared drives.

ic

The deeds will tell you what the yellow bit means. Try uploading the files to Gemini or ChatGPT and asking the questions - it can be useful for picking apart the legalese in it all.

theonenonly

https://forums.moneysavingexpert.com/discussion/comment/81902513#Comment_81902513

This was all that was in the Title Plan document

WIAWSNB

If there is no written description for these colours, or any reference to 'rights' to access shared areas, I fear you will be on sticky ground.

The deeds map indicates a 'garage' for your neighbour - arrowed blue - but none for 'your' house. It also shows an outbuilding of some sort further down their garden - perhaps an original garage? As S62 pointed out, there may have been intended vehicular access via the green line. Have you had a walk around this to check what's there?

Then - somewhat unfortunately, I think - there is a 'kink' or dogleg shown in the red boundary line for 'your' property, which suggests that you wouldn't have exclusive rights over half the front entrance 'drive'.

Does your potential neighbour access that shared drive for parking or to get to his garage? Would your proposed extension affect this? Eg, would he now need to reverse fully in or out from the road to allow this access? What does he do now - turn his car in front of his garage? Does it garage have a car-sized rear door (was it accessed via the rear access at some point?)

By building your extension, would you no longer require vehicular access to your garage?

And, are you bothered about upsetting the current neighbourly arrangement even if you are entitled to?

theonenonly

The land tinted blue and tinted yellow on the filed plan has the benefit of a right of way over the land tinted brown on the filed plan.

The land tinted pink on the filed plan has the benefit of rights of drainage through the drains and sewers lying under adjoining land leading into the main sewer and a right of way over the part of the side passageway not included in the title.

A Transfer of the land tinted pink on the filed plan dated 31 August 1938 made between (1) H Holland, A Holland and B Holland (Vendors) and (2) A Stephen (Purchaser) contains the following provision:- "THE Vendors reserve the right to themselves and those deriving title under them to sell lease or otherwise deal with any portion of their said estate remaining unsold or in which for the time being they have any interest either subject to or free from any restrictive or other stipulations and also the right to waive release modify or vary any of the aforesaid restrictions or stipulations. THE Purchaser shall not be entitled to any easement or right of light or air which would restrict or interfere with the free use of any adjoining or neighbouring land belonging to the Vendors for building or other purposes and the assurance hereinbefore contained shall not be deemed or construed to imply the grant of any such right of light or air." NOTE: The restrictions and stipulations referred to are those contained in the Transfer dated 30 October 1937 referred to in the Charges Register.