Shared Drive White Line

Twinrunner

Hi, we currently own a property at the end of a shared driveway, can anyone tell me if these white lines leading up to our neighbours gate (part on shared driveway and part on their property) have any significance to the shared driveway convenance? And is the area within protected?

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lincroft1710

They only have significance if they show the position of an actual boundary

RelievedSheff

It looks to demarcate the extent of land that your neighbour owns.

What do the Land Transfer Plans show?

Twinrunner

Ok got you. We are plot 59, green shaded area is shared driveway.

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RelievedSheff

The white line is your boundary line looking at that plan.

Bigphil1474

Looks like they show the boundary of the neighbouring property. Inside the white dotted line belongs to next door but is part of the shared drive so they can't park there. Possibly some old dispute that they got fed up of people parking there so put the line and the bins in to stop it?

Section62

https://forums.moneysavingexpert.com/discussion/6665165/shared-drive-white-line

Are the two parking spaces (and garage/s) between 58 and 59 both yours, or does 58 have rights to one of them?

Looking at the photo makes me think at some time someone has told 58 they can't put anything on the 'driveway' which has led 58 to mark out what they believe to be their property and put the flowerpots and bin there to make a point.

As you say, it appears part of the marked area is hatched green on the plan. And if there is an obligation in the deeds not to obstruct the area hatched in green then there could be a problem with the objects (but not necessarily the white markings) being left there.

However, you'd also need to look at the legal documents for 58, as it is possible their version of the plan shows something different.

Although it could be correct, the small area of green hatching within 58's boundary is odd - it would have made more sense for the red-line boundary of 59 to contain the whole of the shared drive area, or made the shared drive area slightly smaller so it excluded land belonging to 58. However it isn't uncommon in new-build world for these oddities to exist.

It is particularly unfortunate that the way the block paving has been laid strongly suggests a boundary for the shared driveway which doesn't match the reality (if the plan is correct).

Twinrunner

I’m looking for some advice on shared driveway covenants.

Our neighbour (who is a chartered surveyor) has told us we’re not allowed to park or keep bins on the shared driveway due to a covenant. That’s fine—we’re happy to comply if that’s what the covenant says.

However, they currently have several plant pots and a brown bin on the shared driveway themselves. Normally we wouldn’t mind, but the issue is that these are encroaching over our boundary and are starting to obstruct access when we enter/exit our driveway.

We’ve moved the items back to what we believe is the boundary line a few times, but they keep being moved back again.

So I have two questions:

1. If the covenant restricts use of the shared driveway, wouldn’t it apply to them as well?
2. If their items are obstructing access, what are the legal implications if we accidentally damage a pot while exiting, or if our car is damaged as a result of the obstruction?

Any guidance would be appreciated.

Brie

What does the covenant actually say? I mean if it says no bins then it doesn't matter what colour the bin is, it's not allowed. If it says that there should be no obstructions then that should include pots/planters/lawn chairs etc.

Section62

https://forums.moneysavingexpert.com/discussion/6666406/shared-driveway-legal-advice

Would be helpful just to continue your previous thread rather than starting a new one - many of the questions forum members will have were asked there already…

https://forums.moneysavingexpert.com/discussion/6665165/shared-drive-white-line

Twinrunner

it states no obstructions. we have numerous problems with them, even threatening legal action for moving their property off the shared driveway to stop the obstruction.