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law on shared driveways

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My house "shares" a driveway with a neighbour due to historical requirement to access garages at the rear of the properties, the garages were removed before we moved in 12 years ago and a 6 foot fence… Read More
random_dude Avatar
9m, 1w agoPosted 9 months, 1 week ago
My house "shares" a driveway with a neighbour due to historical requirement to access garages at the rear of the properties, the garages were removed before we moved in 12 years ago and a 6 foot fence and mature shrubs (on neighbours side) now separate the back gardens.

Because of the position of my front garden wall we park in a way that sometimes encroaches on the shared bit, normally not an issue but if next door can't squeeze through they ask us to move which has never been an issue, until now!

Neighbour has been getting increasingly arsey and insists we shouldn't park on the shared bit which is not practical given the front wall proximity, question is after 12 years would a shared drive still be in force, given that access is not required to rear garages?

Do i just threaten to open up access again as i guess he won't want to remove his shrubs?

Advice anyone?

Ta,
random_dude Avatar
9m, 1w agoPosted 9 months, 1 week ago
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#1
I would seek legal advise but I can confirm if the drive way is in fact shared to provide access previous garages behind the property this will still be reflected in the deeds and your well within your right to park there.
#2
Again as above I would seek legal advice, however speaking from experience if it is a shared drive originally then it still it and therefore access must be given at all times as its a way through to each others land as per the deeds.
#3
Knock down the wall
#4
Sorry I was a bit blunt; I was referring to you have the right to park where garage was, neither should be parking on the shared part of it blocks the others access to the rear.
#5
I see where you're coming from but the rear of the property is no longer accessible anyway, neighbours eh! that's both sides I'm feuding with now (_;)
#6
No one can really comment without seeing your Deeds...
#7
the deeds are very vague, a rough bold line drawn around the area, it was shared originally but was kind of hoping after 12+ years of not being used for access it would no longer be valid

i doubt a modern car would fit between the houses anyway..https://s21.postimg.org/4647ffu7r/IMG_20161012_072157.jpg
#8
random_dude
I see where you're coming from but the rear of the property is no longer accessible anyway, neighbours eh! that's both sides I'm feuding with now (_;)

Just to play devils advocate, but maybe the issues is in the middle :{

Looking at the picture if that's actually the situation, then the easiest solution I can see to the matter is to get the council to increase the width of the dropped kerb as it seems the cars on the RHS can manage it, but those on the left have to bounce the kerb. A wider drop would mean both of you can get access without effecting the other.

Maybe it's worth going to chat to the neighbour and suggest going 50:50 on getting the job done? Usually slightly cheaper that way too.

Edited By: Astec123 on Oct 12, 2016 13:58
#9
it looks like the two houses by the way they have paved their own gardens have created the natural boundary, which I expect if you look at the deeds is where the line is. as above ask the council to increase the dropped kerb as I am guessing they never asked for it to be increased where as could just be the picture your side looks like it has.
#10
i'm on the right of pic btw, because of the wall we have to juggle cars, unfortunately the guy on the left is a dik

from now on i'm just gonna park in line with shared boundary (in line with house wall) and towards the front of drive, he won't be able to get his other car out without moving the blue one, serves him right for not being neighbourly i say!

irony is he's a bus driver X)
#11
Ceres, you are on fire.
#12
Why not just save yourself all the grief and take your wall down to enable you to park both your cars easily and still leave full access for your neighbours to park in their drive.
#13
I like my wall
#14
To take effect at law, an express release of an easement must be made by deed.
Therefore, as a matter of good practice, when the party benefiting from the easement (the dominant owner) and the party subject to it (the servient owner) agree to a release, they should enter into a deed. If the dominant land has subsequently been divided into smaller plots the benefit of the easement will have passed to each of the plot owners. In such cases, for the easement to be completely extinguished, it is essential that all of the owners of the divided dominant land enter into the deed of release with the servient owner.
If the easement has been noted on the registered titles of the dominant and servient land an application should be made to the Land Registry to remove the entries from the registers. The application will need to be supported by the deed of release. There is no prescribed form for a deed of release under the LRA 2002. As long as the deed is properly drawn up and executed it will be accepted by the Land Registry.
For an example of a deed of release see Standard document, Deed of release and grant (of a right of way).


http://uk.practicallaw.com/7-385-9231
#15
Extension of the dropped kerb looks like the most practical way forward.
#16
I do understand, thanks for your input.

what I can't grasp is humanities lack of good grace :(
#17
Does the "shared access area include the bit at the back where he has his fence? If so I would argue that if he is being stroppy about you breaking the rules then perhaps you should get stroppy and demand he remove the obstruction of his fence!

Although it could turn into neighbour wars and you do need to live next to this guy

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