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Dispute over driveway

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  • moneyistooshorttomention
    moneyistooshorttomention Posts: 17,940 Forumite
    edited 18 March 2017 at 4:36PM
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    stator wrote: »
    Nobody has moved the driveway, you are mistaking the position of the garage on the map. The garage is shown as two rectanges on the edge of the land of 76. The land immediately north of that is a brick driveway.

    The plans are very clear
    driveway.png

    The red line is OPs boundary, blue line is 76

    Put like that - it looks like that driveway belongs to neighbour and OP has the Right of Way to drive over it into their own driveway.

    If so - I'd be keeping a bit quiet in OP's position - unless they blocked my ROW by parking at a spot I needed vacant in order to be able to turn into my own drive.

    I'd be keeping even quieter if my deeds didnt show I had a ROW over neighbours drive into my drive - but I could see that that bit of land with the skip on belonged to me (ie I could put access onto that in order to get onto my own drive).

    It does look rather as if your house is what I call a "squeeze-in" - ie a house the developer has put in a spot that he knows very well doesnt really have room for another house.

    If that drive is indeed your neighbours (as it looks to be) and you dont have a ROW - then neighbour would be well within their rights to build a low wall along their "blue line" to stop you using their drive for access.
  • Norman_Castle
    Norman_Castle Posts: 11,871 Forumite
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    moneysaver12 wrote: »
    20170318_105245.jpgfree upload image

    This is the original plan
    The two joined squares are the garage. The line across is the roof ridge. There is an area of driveway equal in length to the length of the garage in front of the garage. Then there is a cross hatch area of driveway. The entire driveway including the cross hatch area belongs to the neighbour but they cannot park on the cross hatch area.

    The problem is caused by your neighbour parking in front of his garage which is fine but this blocks further access to the parking outside their house so subsequent visitors have to park where they shouldn't. Across the access to your driveway.
  • Fosterdog
    Fosterdog Posts: 4,948 Forumite
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    Would all of this be solved if everyone just parked in their garages instead of on the drives? Isn't that what a garage is for? I wouldn't mind betting everyone involved tells their insurance companies that they park in the garages to keep premiums down.
  • moneysaver12
    moneysaver12 Posts: 2,027 Forumite
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    Hi one of my neighbours used to be a conveyancing solictor. She offered to look at the paper work for me. She found that the drive does belong to next door, but we do have right of way on to our drive. At least it is solved now. Just wish the solictor we had, had given us right information and same with the seller who also said we owned it.

    Thankyou everyone for your help.
    Married 09/09/09
  • moneysaver12
    moneysaver12 Posts: 2,027 Forumite
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    edited 18 March 2017 at 4:58PM
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    moneyistooshorttomention wrote: »
    Put like that - it looks like that driveway belongs to neighbour and OP has the Right of Way to drive over it into their own driveway.

    If so - I'd be keeping a bit quiet in OP's position - unless they blocked my ROW by parking at a spot I needed vacant in order to be able to turn into my own drive.

    I'd be keeping even quieter if my deeds didnt show I had a ROW over neighbours drive into my drive - but I could see that that bit of land with the skip on belonged to me (ie I could put access onto that in order to get onto my own drive).

    It does look rather as if your house is what I call a "squeeze-in" - ie a house the developer has put in a spot that he knows very well doesnt really have room for another house.

    If that drive is indeed your neighbours (as it looks to be) and you dont have a ROW - then neighbour would be well within their rights to build a low wall along their "blue line" to stop you using their drive for access.


    The bit where the skip is belongs to next door, our boundary ends where the pebbles are, so we couldn't put any access their. Also next door neighbour park their car on the pebbles too, which makes it awkard when my husband tries to park on our drive.

    We have found that we do have right of way and it does belong to our neighbour.
    Married 09/09/09
  • moneyistooshorttomention
    moneyistooshorttomention Posts: 17,940 Forumite
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    One can see just why your vendor was "economical with the truth" with you then - from those photos.

    Fingers crossed he genuinely did believe the drive didnt belong to next door (ie inefficiency on his part) - rather than knowing very well it did (ie going in for "terminological inexactitudes"....:cool:).
  • Cakeguts
    Cakeguts Posts: 7,627 Forumite
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    That still doesn't explain what that strange building marked on the plan between the house and the garage is? I thought it was the garage.
  • Red-Squirrel_2
    Red-Squirrel_2 Posts: 4,341 Forumite
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    Fosterdog wrote: »
    Would all of this be solved if everyone just parked in their garages instead of on the drives? Isn't that what a garage is for? I wouldn't mind betting everyone involved tells their insurance companies that they park in the garages to keep premiums down.

    I don't think most new build garages have been big enough to put actual cars in them for about 40 years!
  • moneysaver12
    moneysaver12 Posts: 2,027 Forumite
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    moneyistooshorttomention wrote: »
    One can see just why your vendor was "economical with the truth" with you then - from those photos.

    Fingers crossed he genuinely did believe the drive didnt belong to next door (ie inefficiency on his part) - rather than knowing very well it did (ie going in for "terminological inexactitudes"....:cool:).


    I think the sellers knew what they were doing. (same with the boiler that they said was working prefectly fine, apart from it wasn't working properly and must have been playing up for a while) The sellers did a part exchange so they sold it to a builder who then sold it to us on the same day. The neighbour said that next door to us had always parked cars on the drive, so she couldn't see us owing it. I would have thought the solictor would have gotten the information right.
    Married 09/09/09
  • moneyistooshorttomention
    moneyistooshorttomention Posts: 17,940 Forumite
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    In the event - a lot of us find out (after the event...) that we have had solicitors/legal executives/conveyancing firms that didnt do their job properly...:(:mad: and we were left to sort out their mess after the event.

    It seems to be far from uncommon...
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