To say FOTTFSOF... long, boundaries, house sale, neighbours...

[walterwhitesgf]

live in a terraced house with an entry between myself and next door neighbour in question. This entry provides rear access for three properties.
When I bought the property 9 years ago the drive in front of my house was/is clearly defined by the material it is made from (cobbleprint) and spans the entry doorway. I was assured by seller that this was all my drive, a selling point as it was a two car drive, and the next door neighbours, who were the sellers parents, agreed. Next door neighbours have a block paved drive which ends at the entry edge and pre dates my drive. For the past 9 years I have used all this drive as my own , even had conversations with neighbour when they have apologised for relatives 'coming over onto your drive a bit'.
Now neighbours are selling their house and they have informed me that their prospective buyer 'wants the area of the drive in front of the entry doorway put back to how it was' and made shared. I don't know how long ago this was but its way before my time .My drive has been the way it is now for at least 12 years. Apparently originally there was a path up the drive centrally. The prospective buyer doesn't want a path reinstated but he does want their drive widened and my drive cut back with some kind of boundary line created. They are pressuring me to agree or they will lose their sale. Apart from the fact I bought the house and drive as it is, I don't think its possible to just chop a bit off a creteprint type drive . AIBU to say FOTTFSOF and then build a bridge and get over yourself?
I told them I would take legal advice but am now wondering why I should spend any money at all on it as it seems madness to me.
If you've made it to the end thanks for reading I never thought I would be one of the boundary dispute posters :(

Somewhere I don't get your post. Even if electronic, the register copy has a description of the title (the property) and any charges on it, restrictions, rights of others over it, etc and there is a title plan which is a map showing the boundaries of the title.

I have realised I mis-read the OP - only 9 years living there, not 12 so no case for adverse possession.

I thought she just meant there might not be an actual physical copy in the OPs filing.

People do not get paper copies of deeds any more, building societies/banks/solicitors/owners do not need to store them if a property is on the register. So the owners of a property being sold would not necessarily have "the deeds" in their possession.

adverse possession rules changed in 2002. it is 10 years now and there are other rules which would make this a claim for boundary alteration, not adverse possession.

Can you point out that if they claim your side they'll have to unblock the other side too? - if I've understood that correctly.

Write to them saying you don't propose to make any changes but are happy to confirm that the buyers will continue to have right of access (on foot? Or is it wide enough for a car). If you need to sign something to reassure the buyers then the seller's solicitors should draw something up for your consideration.

That gives you neighbours two choices:A give a litigator ten grand up front to start a claim against you or B knock four grand off the price. They will huff and puff then go for B. The new buyers will be satisfied because they got a discount.

Please dont listen to these people saying 'tell them you wont'. If they have to take you to court and they win you will pay your own and their legal fees. So best to sort it out really than being nasty as some seem to be suggesting.

It sounds like they have a right of way over your land. A right of way cannot be altered without both parties agreeing. Aright of way cannot be blocked in any way at all, eg by a car parked on it. Many neighbours come to understandings between them, but when new neighbours move in they can insist the right of way is kept clear. Refusing to do so can result in messy court action. Yes the neighbour is blocking the ROW on the other side. Unless this is your right of way he is blocking then this is not a bargaining tool as someone suggested.

There is a brilliant forum called garden law where you will get some excellent advice if you post this there. Of couse the people there will ask what your deeds say, you can download them today from the land registry.

If ypur solicitor did not flag this up to you when you bought the house all you can do is sue them. Similarly the neighbours misleading you does not male the right of way go away sadly.

Somewhere sorry - I completely misconstrued your post about deeds in my migraine befuddled state.

The OP should check the title and title plan as a first step imo. They could give a quick resolution.

Thanks for all the helpful info folks . The drive/ parking space with its very defined boundary has been in place for more than 12 years. I dont know whether that makes a difference and we have used the space all of it for the nine years we have lived here with the neighbours never uttering a complaint and refferring to it as my drive. I dont plan to go to court or be stubborn about the situation for the sake of it. But I am not giving up something I thought I owned or indeed allow somone to dig up and possibly spoil my drive without taking advice.will look into all the things you good people have mentioned over weekend. Ain't tinternet amazing !

Does either of the houses' bedrooms go over this alleyway (sorry if it's a clear break in the houses but said terrace and I've seen some around where I live where one person's bedroom is over the path. Just thought that might make it clearer whose this 2-3 foot of land is.

I would also seek legal help but try and get hold of deeds first. It sounds like it was relaxed between parents and the previous owner of your bit. Try not to get into conversation with them too much at the moment. I'd just say to them can you see their deeds please. And if they haven't got them ask them to get them - they need to be as inconvenienced by this as you as right now they're expecting you to provide the proof whereas I think they're trying to put the burden of proof on you. Don't be rushed into this. Just tell them it's in hand if they keep bringing it up.

Also, check law on how long these things need to be as is for them to lose rights to that bit - you've been there 12 years, how long was it like their daughter had it. There might be some period of time where a claim has to be instigated. Do they want the border right in the middle of the pathway?

Check also if your house insurance covers some legal fees. So first of all get copies of the title deed which is very cheap. See what that tells you, then maybe pay for an hour's solicitors time. If it doesn't go in your favour ask about whether the new owners are obliged to make your drive way edge look good or if they can just dig up to the line and leave you with sorting it out.

Loveka, ask any estate agent, they will say the same as me.

Yes it's nice to find the law out and we solicitors enjoy earning a living but right now there is a chance to get what the OP really wants. The OP 's position is at its strongest right now because she doesn't need to sell, her neighbours do need to sell, and her neighbours' buyers want something sorted out. The neighbours can forget their house move plans if they escalate this. We are very far indeed from the point where OP risks liability for other side's costs.