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

GDB2222

You need to go through the registered title and plan of the neighbouring house, so that you can find out what rights they have over 'your' land.

theonenonly

Plot twist.

I've found approved extension plans from the current vendors (now expired).

WIAWSNB

Good find.

That was definitely given PP?

It suggests that the curtilage of this property involves straight boundary lines, as you'd hope, but that kink might indicate a RoW for your neighbour over your half the access drive.

That plan doesn't fit with the first one, tho'. In the newer proposed extension plan, the side of the house, extension, and nearside garage wall are virtually in line. In the satellite photo, the house/ext in in line with the centre of the garage, with the fence being angled in completely the opposite way.

Could you confirm that fence angle, please? And, is that a 'single' garage? If so, who does it belong to?

Anyhoo, I'm going to suggest that your hopes for an extension there look very much stronger.

Section62

https://forums.moneysavingexpert.com/discussion/comment/81903178#Comment_81903178

That plan doesn't fit with the first one, tho'. In the newer proposed extension plan, the side of the house, extension, and nearside garage wall are virtually in line. In the satellite photo, the house/ext in in line with the centre of the garage, with the fence being angled in completely the opposite way.

The extension plan isn't accurate - the garages on the aerial image are completely different to the shape drawn on the plan. As the only dimension on the plan is for the extension depth (6m) I'll take a wild guess the plan is for prior approval, not a full application.

The absence of any wording in the title documents regarding the 'shared' space between 7 & 9 is suspicious. I'll take another wild guess that the whole of the area between the two properties is actually owned by 7 for access to their garage, and the owners of 9 later built a garage which they got informal permission from the owners of 7 to access using their drive.

The OP needs proof of ownership of the land they want to build on (free of any rights granted to others) before going too far down the line of buying and planning the extension. (Planning consent/prior approval isn't proof of ownership)

(Edit: meant to type 7 not 9)

theonenonly

The part of the side passageway included in the title and the land tinted blue on the filed plan are subject to rights of way.

This is what it says on title register.

EssexExile

As Section62 says, having planning permission, even if not expired, doesn't mean you can build where someone else has right of way. Perhaps it wasn't built because of that.

twopenny

It strikes me that if you build over your side of a shared driveway you won't in theory, be able to wander over your neighbours half.

That will become their private drive.

Would that affect you? Could you build this extension without having builders, skips and materials on their half?

Boohoo

I think it's best to look for another property that you know has a good chance of getting planning permission for an extension if one is needed at the new property as it looks like this one could become a nightmare if you buy it.

If the existing planning permission (now lapsed) was for the present owners have you asked them why they never went ahead with it?

Section62

https://forums.moneysavingexpert.com/discussion/comment/81904255#Comment_81904255

…you won't in theory, be able to wander over your neighbours half.

That will become their private drive.

That depends on what rights (if any) exist and how they have come into being.

If the right of way is granted through the deeds (and it seems from the OP that may not be the case) then the right to use the neighbour's half wouldn't necessarily cease if the OP built over their own half. It depends on the exact wording (if any) in the deeds.

If the neighbour went to court and won they might get financial compensation for the loss of rights, or the court could order the removal of the obstruction. It is probably less likely the court would remove the right to use the neighbour's land and allow them to have it as a private drive.

However, if the deeds make it explicit that the right to use the other half is granted on the condition of continuing to make your own half available then the right could be lost by building on your own half.

But the apparent absence of detail about this right of way in the deeds might suggest there isn't one to start with - the driveway may be exclusive to number 7 already.

WIAWSNB

If the PP extension plans shown above are at least accurate in the way they indicate that the proposed extension is at the same width as the existing house, then there should be no encroachment on to the 'driveway' at all, regardless of who it's owned by, and whatever rights anyone may have over it.

Or am I missing something?