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  • FIRST POST
    homesandcastles
    Shared driveway dispute
    • #1
    • 26th Aug 12, 6:54 PM
    Shared driveway dispute 26th Aug 12 at 6:54 PM
    Hi,

    We have a problem with access to the driveway of my late mother-in-laws property. The driveway leads up to two properties, with a split at the top one leading to ours the other to our neighbours. The driveway has a right of easement for both properties. Each house has parking for 4 cars. Because our property is unoccupied while we have been sorting out the estate and trying to sell it, our neighbours have been parking on our drive and also down the access driveway, frequently there are up to 12 cars parked there making it impossible to reach our property. Despite frequent appeals to the neighbours and constant promises that it won’t happen again they still continue to block the drive. We have had one offer on the property retracted and this week 4 viewings cancelled on the fact that the driveway is a problem.

    What are our options? We don't really want to go down the legal route but itis making it incredibly difficult to sell the house?
    Last edited by homesandcastles; 26-08-2012 at 7:20 PM.
Page 1
    • Mortgage Reduction Novice
    • By Mortgage Reduction Novice 26th Aug 12, 6:59 PM
    • 1,716 Posts
    • 9,330 Thanks
    Mortgage Reduction Novice
    • #2
    • 26th Aug 12, 6:59 PM
    • #2
    • 26th Aug 12, 6:59 PM
    Perhaps a legal route style letter will be sufficient (without actually going down the legal route) to make sure it doesn't happen again!
    MFW: Nov 2008 £156k, Jun 2015 £129k, Jun 2017 £114k.
    • themull1
    • By themull1 26th Aug 12, 7:59 PM
    • 4,195 Posts
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    themull1
    • #3
    • 26th Aug 12, 7:59 PM
    • #3
    • 26th Aug 12, 7:59 PM
    I know its a shared drive, but is it not wide enough to be split?
    • pvt
    • By pvt 27th Aug 12, 8:10 AM
    • 1,378 Posts
    • 1,087 Thanks
    pvt
    • #4
    • 27th Aug 12, 8:10 AM
    • #4
    • 27th Aug 12, 8:10 AM
    You need to be aware that if you escalate this in any way, then when you come to sell the house there will be a question in the "enquireis before contract" asking if there is any dispute with any neighbours over access or boundaries. You will have to answer that honestly, otherwise, if the buyer subsequently has trouble with that neighbour and discovers there's history, whether related to this issue or not, you're open to being sued by them.

    So, as suggested, it would be far better to start by trying to resolve this amicably and without recourse to letters, from solicitors or otherwise.
    Optimists see a glass half full
    Pessimists see a glass half empty
    Engineers just see a glass twice the size it needed to be
    • custardy
    • By custardy 27th Aug 12, 8:57 AM
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    custardy
    • #5
    • 27th Aug 12, 8:57 AM
    • #5
    • 27th Aug 12, 8:57 AM
    buy a/some bangers to fill the drive?
    • Badger_Lady
    • By Badger_Lady 27th Aug 12, 9:06 AM
    • 6,291 Posts
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    Badger_Lady
    • #6
    • 27th Aug 12, 9:06 AM
    • #6
    • 27th Aug 12, 9:06 AM
    What on earth are they doing with 12 cars??
    Mortgage | £132,000
    Unsecured Debt | £7,000 £0
    Lodgers | |


  • homesandcastles
    • #7
    • 27th Aug 12, 10:09 AM
    • #7
    • 27th Aug 12, 10:09 AM
    The driveway is only one car wide so when there are cars parked you can't get past.
    they have three teenagers who have there own cars and then when there friends turn up in their cars they just park where they like. there is plenty off on road parking but that would mean having to walk an extra 30ft.
    Last edited by homesandcastles; 27-08-2012 at 10:13 AM.
    • themull1
    • By themull1 27th Aug 12, 10:36 AM
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    themull1
    • #8
    • 27th Aug 12, 10:36 AM
    • #8
    • 27th Aug 12, 10:36 AM
    The driveway is only one car wide so when there are cars parked you can't get past.
    they have three teenagers who have there own cars and then when there friends turn up in their cars they just park where they like. there is plenty off on road parking but that would mean having to walk an extra 30ft.
    Originally posted by homesandcastles
    Can you extend the drive sideways into your garden?
    • Valli
    • By Valli 27th Aug 12, 10:51 AM
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    Valli
    • #9
    • 27th Aug 12, 10:51 AM
    • #9
    • 27th Aug 12, 10:51 AM
    Why not get the EA to inform potential buyers/viewers that you do have rights to the property re parking etc but, while the house has been unoccupied, you have given VERBAL permission to your neighbour to use your drive for parking to give the impression that the house IS occupied.
    "I would like more sisters, that the taking out of one, might not leave such stillness" Emily Dickinson
    Janice 1964-2016

    Thank you Honey Bear
    • C_Mababejive
    • By C_Mababejive 27th Aug 12, 11:54 AM
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    C_Mababejive
    Just block the drive with your car or an old second hand one to see how they like it.
    Feudal Britain needs land reform. 70% of the land is "owned" by 1 % of the population and at least 50% is unregistered (inherited by landed gentry). Thats why your slave box costs so much..
    • pvt
    • By pvt 27th Aug 12, 1:21 PM
    • 1,378 Posts
    • 1,087 Thanks
    pvt
    Why not get the EA to inform potential buyers/viewers that you do have rights to the property re parking etc but, while the house has been unoccupied, you have given VERBAL permission to your neighbour to use your drive for parking to give the impression that the house IS occupied.
    Originally posted by Valli
    So you're advising the OP to lie then?

    Edit - actually that's a bit harsh - I guess your suggesting he gets the EA to lie, which is their stock in trade anyway. I suppose that's more acceptable.
    Last edited by pvt; 27-08-2012 at 1:24 PM. Reason: Addition
    Optimists see a glass half full
    Pessimists see a glass half empty
    Engineers just see a glass twice the size it needed to be
    • Valli
    • By Valli 27th Aug 12, 4:43 PM
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    • 240,724 Thanks
    Valli
    So you're advising the OP to lie then?

    Edit - actually that's a bit harsh - I guess your suggesting he gets the EA to lie, which is their stock in trade anyway. I suppose that's more acceptable.
    Originally posted by pvt
    actually I misread the OP re the parking and thought that the OP had given permission for the neighbours to use the parking area (though not the drive).

    But it wouldn't be a bad idea for the Op to say the neighbours could use it; would save the hassle of sending letters which would then lead to the issue of having to report a neighbour dispute (as you yourself have pointed out)to a potential buyer and give the impression the house is occupied. Further, if the neighbour could use the actual parking area and not the driveway, well, problem solved. Plus, the neighbour might appreciate the olive branch being offered re the parking and ensure visitors no longer use the driveway and it's all been sorted nicely.
    Last edited by Valli; 27-08-2012 at 4:47 PM.
    "I would like more sisters, that the taking out of one, might not leave such stillness" Emily Dickinson
    Janice 1964-2016

    Thank you Honey Bear
    • custardy
    • By custardy 27th Aug 12, 4:52 PM
    • 34,831 Posts
    • 29,525 Thanks
    custardy
    actually I misread the OP re the parking and thought that the OP had given permission for the neighbours to use the parking area (though not the drive).

    But it wouldn't be a bad idea for the Op to say the neighbours could use it; would save the hassle of sending letters which would then lead to the issue of having to report a neighbour dispute (as you yourself have pointed out)to a potential buyer and give the impression the house is occupied. Further, if the neighbour could use the actual parking area and not the driveway, well, problem solved. Plus, the neighbour might appreciate the olive branch being offered re the parking and ensure visitors no longer use the driveway and it's all been sorted nicely.
    Originally posted by Valli
    It doesnt get over the issue of putting buyers off
    for all they know they could be moving beside people who rule the driveway and will be a constant issue.
    getting permission to use the driveway is hardly going to encourage them not to when they do it now.

    personally if i could,I would move in for a bit and make a point of enforcing the driveway situation on site
    • Valli
    • By Valli 27th Aug 12, 5:12 PM
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    Valli
    I'm not suggesting that the OP allows use of the driveway as he has said it's not wide enough; I'm suggesting that the OP allows use of the parking area outside the house for sale, as a sweetener.

    OP were there parking problems when your mother-in-law lived there, to your knowledge?

    As pvt said, if a dispute starts then that too will be an issue - and that in iteslf will put prospective purchasers off.
    "I would like more sisters, that the taking out of one, might not leave such stillness" Emily Dickinson
    Janice 1964-2016

    Thank you Honey Bear
    • C_Mababejive
    • By C_Mababejive 27th Aug 12, 10:08 PM
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    C_Mababejive
    Go speak to a big doorman at a local nightclub. See if he has a mate who does freelance work and who can go tell the neighbours to move their cars or they might get scratched.
    Feudal Britain needs land reform. 70% of the land is "owned" by 1 % of the population and at least 50% is unregistered (inherited by landed gentry). Thats why your slave box costs so much..
    • pvt
    • By pvt 28th Aug 12, 6:28 AM
    • 1,378 Posts
    • 1,087 Thanks
    pvt
    Go speak to a big doorman at a local nightclub. See if he has a mate who does freelance work and who can go tell the neighbours to move their cars or they might get scratched.
    Originally posted by C_Mababejive
    LOL I like this.

    Or you could advise them that you won't be liable for any damage to the parked cars left on the shared driveway when your 12-year-old son uses it to practice his driving, and tell them you're worried he might scratch his 1991 Renault 5 when he tries to squeeze past them.

    Optimists see a glass half full
    Pessimists see a glass half empty
    Engineers just see a glass twice the size it needed to be
  • CAB Wyre Forest representative
    Hello homesandcastles

    You sound as if you are in a very difficult situation. This link will give you some information http://www.adviceguide.org.uk/england/housing_e/housing_problems_where_you_live_e/neighbour_disputes.htm#Commonneighbourdisputes

    We would advise against not telling the truth and it is also a good point that if yo go to court you will have to put this on the information form when the property is sold. It is also not a good idea to inflame the situation

    I would suggest that you talk with the agent about visiting at times when there is not likely to be any one there. You could also arrange with the neighbours to show people around at set times and get their agreement to move all the cars.

    You may also want to go round about 15 minutes before the agent is coming to ensure that the drive is clear or put your car there. I know its a nuisance but if you want to sell the house then you may have to keep on it until it is sold.

    If all this does fail then you may need to go to court by do try and resolve matters first
    ďOfficial CAB Representative
    I am an official representative of CAB. MSE has given permission for me to post in response to questions on the CAB Board. You can see my name on the companies with permission to post list. If you believe Iíve broken any rules please report my post to forumteam@moneysavingexpert.com as usual"
    • mttylad
    • By mttylad 28th Aug 12, 5:12 PM
    • 1,482 Posts
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    mttylad
    You can also point out to them that their actions are causing you to lose a sale of your property and you can take them to court for your losses.

    You have a right to access your property and they must not block it, by doing so they would be seen as in the wrong by the courts if it went that far. An injunction would very likely be granted also.
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