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Dispute over driveway

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  • stator
    stator Posts: 7,441
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    Get out a tin of paint and paint a line the marks the boundary between your two properties.

    Who owns the circular piece of tarmac in the right side of the photo?
    Changing the world, one sarcastic comment at a time.
  • rosyw
    rosyw Posts: 519
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    The set up looks similar to mine in some respects, my house being behind 2 others I have access over the drive but am not allowed to park on it or block it in any way, which is fine as I have plenty of parking & turning space. Have you checked if there are any covenants regarding the drive? there are covenants on my deeds which are very clear about the use of the drive. You may well find that there is something similar on yours.
  • moneysaver12
    moneysaver12 Posts: 2,027
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    In your position - I'd say that the neighbour is entitled to park on the drive leading to their garage - as long as in the process they don't block your access in any way.

    I would certainly hate it if they parked in front of my front lawn (ie where I could see their car "slap bang in my face" the second I looked out my front window. But then I don't have a car myself........

    The question is, purely and simply, though as to whether they have legal ownership of that part of the drive leading up to their garage. If they do - they are perfectly entitled to park there (even if their car would be an eyesore to a non car-owner such as myself).

    If they don't own that bit of drive - then they certainly arent entitled to park on it (even if not blocking your access). The question then arises as to whether they have Right of Way to drive up that drive into their garage - and I would imagine there must be a provision written down in your/their Title Plan/Registration document saying that they do (because it would be ridiculous to have a garage one physically wasnt allowed to drive into).

    It's easy enough though@
    - Your set of papers on the one hand
    - Their set of papers on the other hand (which you can get instantly over the Internet for just a few £s).

    Compare the two to see:
    - just who owns that bit of drive
    - if you are the owner of it - then check for anything written about them having a ROW.

    EDIT; Even if you are the owner of that drive to his garage - you arent allowed to park on it yourself - as you would be blocking his ROW.

    If they do park outside the garage then half of their car is then parked outside our garden which means when we look out of the window we can see their car.
    Paper work says neighbours have access.

    We wouldn't park on the drive as even through we could. It would block the neighbours access which would not be fair on them.
    Married 09/09/09
  • moneysaver12
    moneysaver12 Posts: 2,027
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    Crossposted. Seen your latest posts.

    I am wondering whether LL does know its your drive - but the point he is making (somewhat inarticulately) is that you arent legally allowed to block his Right of Way. He is correct on that.


    Ll thinks he owns it as that's what his solicitor told him. Then his solicitor said yesterday that he has two different plans.
    Married 09/09/09
  • Norman_Castle
    Norman_Castle Posts: 11,871
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    Before the house sold I did park on the second drive. Then it sold and ll asked me not to park on it anymore. I stopped parking there and parked outside our house.

    Looks like ll thought I was parking on his property
    It seems odd that what you are calling the second drive belongs to your property. If that area of tarmac belonged to the other property with a boundary behind the conifer they would have parking outside their garage.
    If it is proven to be yours and you are not concerned about seeing a car parked on it selling the tarmacked area between the conifer and garage could be an option as it has limited use to you if it always needs to be clear.
  • curls
    curls Posts: 176
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    Personally I wouldn't allow parking there. It would set a precedent which would become an assumed right leading to later disputes.

    I totally agree with above. Firstly, a dispute over ownership could arise in the future. Secondly, you might agree now because a nice looking car parked in front of your house wouldn't be so bad, but what if they or future neighbours had a very large van?
  • G_M
    G_M Posts: 51,977
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    Is this still rambling on?

    1) common sense says

    a) you should park outside your garage
    b) he should park outside his garage
    c) no one should park on th lower end of the drive which is required by both of you to access your respective garages
    d) you should bake a cake, have tea together, and stop faffing about!

    2) as for the legal position - have you yet got hold of the Title documents, and Plans, to both houses?

    a) if yes, what do the Titles say (exact wording), and what do the Plans show?

    b) if no, why on earth not? We and you are just guessing without the legal documents!
  • moneysaver12
    moneysaver12 Posts: 2,027
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    It seems odd that what you are calling the second drive belongs to your property. If that area of tarmac belonged to the other property with a boundary behind the conifer they would have parking outside their garage.
    If it is proven to be yours and you are not concerned about seeing a car parked on it selling the tarmacked area between the conifer and garage could be an option as it has limited use to you if it always needs to be clear.


    Problem if we did sell it would be that then if they parked all along that drive. We wouldn't be able to get on our drive.
    Married 09/09/09
  • DaftyDuck
    DaftyDuck Posts: 4,609
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    edited 18 March 2017 at 10:14AM
    Although it doesn't actually matter what anyone on this thread actually thinks or imagines..... It's what the deeds and plans state that matters.....

    Mind you, what I think ... ;) .... I suspect from the far brickwork edge and decoration that the other house is far more likely to own their garage access, with you having possibly some rights over it. I also think it looks, from the photos, as if someone has been parking on, or manoeuvring on, the lawn! It may just be an artefact of the image. If someone has, that might change attitudes... But attitudes aren't deeds, and it's just the deeds that matter.

    Edit to add... It DOES matter what G_M thinks, partly 'cos he's right as always, and partly because he agrees with me. Oh, and because, by now, he must make a very fine cake. Maybe he's not Barry Cryer, but Noel Fielding...
  • Red-Squirrel_2
    Red-Squirrel_2 Posts: 4,341 Forumite
    edited 18 March 2017 at 10:12AM

    If they park on our drive outside the garage then part of their car is outside our garden. This is where me and my husband are in disagreement. He thinks we should let them park outside their garage as long as they keep to the top so it does not make it difficult for us to access the drive next to our house. Whereas I don't think we should allow any parking.

    Hang on, you don't want to let them park a car in front of their garage? To the right of that fence?

    Why ever not? That just seems petty.

    As long as nobody ever parks on the 'crossover' bit at the bottom that you both need for access there should never be a problem here. Don't create an unnecessary one!
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