Please or to access all these features

Add post

Watch this thread

Save thread

Start a new thread

Flip thread

Hide thread

My feed

Active Unanswered threads

Getting started FAQ's

Unanswered threads Acronyms Talk guidelines

Hide shortcut buttons

Talk

AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

Flip

1 2

Original poster

Neighbour...parking thread

39 replies

pinkletoes · 21/05/2017 17:53

OK so this is not THAT major but just wondering if others would find this a bit annoying.

We live in a semi, the other side of us is a detached house. Our driveway is on the side of our property (between us and detatched), they have their own driveway up the other side of their house which leads to a parking 'area' behind their house.

When we moved in a year ago neighbour mentioned about it being a 'shared access drive'. This was after we had moved in so I just ignored it as thought she was referring to us BOTH being liable for driveway maintenance (although thought it odd as they have another drive). Fastforward 6 months, checked the title deeds as we have been considering extending property. Turns out it's not shared access, we own the whole of the driveway adjacent to our house.

We have one car, I am almost always home and if I am out it's normally in the car. DH goes to play sport on one night a week, on this night, this week and last neighbour has driven down our driveway (access goes straight onto their sort of 'parking bay'. AIBU to find this annoying / odd? I reckon it probably happens all the time when we are out but they can't do it when I am home (with car) as our car would be in the way. I reckon neighbour assumed we are out as the car isn't here...just think it's a bit weird and cheeky and can't understand why someone would bother? Our driveway is tatty and bumpy (there's is new tarmac) so it's not that. No one is blocking their drive (I can see) and no one else is parked so there's plenty of space for turning etc.

I also feel a bit annoyed that DC's could have been out there playing on the drive!! If DH ever goes out in the car, I always bring them in when he's due back because our garden runs into the driveway so it could be a bit dangerous for the younger one.

OP posts:

SoupDragon · 21/05/2017 17:56

You may own it but are you sure the neighbours don't have a right of access over it?

It might be worth getting a copy of their deeds from the land registry site.

Sirzy · 21/05/2017 17:56

Talk to them and show the deeds?

Failing that can you install a gate?

PlaiceMarking · 21/05/2017 17:57

Is it possible they're driving up your drive so they can drive forward off theirs so they don't have to do any reverse parking? Cheeky gits though! Could you leave your bins across the drive or put a gate or fence in?

C0untDucku1a · 21/05/2017 17:58

Whoo hoo! Sunday evening. No rain. Wine in hand and a parking thread!

Id also check what it actually means. In the meantime... Wheres the diagram? Just for clarity...

Mrsmadevans · 21/05/2017 18:01

I think they do it to stop wear and tear on their drive also it's like a control/power thing over you. YADNBU and I would have to tell the ignorant cocky arseholes.

RebootYourEngine · 21/05/2017 18:01

I would talk to them about it or if you dont want to do that could you block the end of your driveway so that they cant get through.

Viserion · 21/05/2017 18:03

It is definitely possible for it to be your land but they have right of access. But your solicitor should have established this during purchase.

usermcuserson · 21/05/2017 18:03

It makes no sense that it's a shared access drive when they have their own drive. Usually a shared access drive would be a drive that split into two at the end and both properties used the same straight bit to get to their respective drives.

I am assuming they are lazy and drive up your drive then down their own so they don't have to reverse. They likely told you it's shared access hoping you wouldn't check.

Basically you have to decide if it's worth the hassle of fighting. You could politely ask or you could put up a gate/fence. They might get arse you though.

My concern would be if they constantly used it could they could claim an official right of access because no one has ever stopped them for x period of time.

lavei · 21/05/2017 18:05

Need a diagram to fully understand 😉

Also, build a fence without telling them. See what happens

rollonthesummer · 21/05/2017 18:08

Diagram please-I can't picture what you mean.

flumpybear · 21/05/2017 18:09

Definitely diagram please - but get them to show you their deeds or buy off the net - sounds like they're just happy to use your drive - it's gotta stop so they don't earn rights to it!!

wowfudge · 21/05/2017 18:10

Get your title register out and go and have a chat. I imagine it is convenient and no one has stopped them. I would say you were concerned about the shared access comment, have checked and they are mistaken.

Original poster

pinkletoes · 21/05/2017 18:11

Yeah the deeds show the boundary and say we own that land (there's don't say they do, we checked). We do have a gate but don't use it but I might start on the evening he is out!

PlaceMarking - yes i think that's what's happening, I can' t think of any other reason to bother other than it means no need to do a 3 point turn.

I wouldn't mind so much if THEY ASKED but it's just a bit cheeky isn't it!

OP posts:

Ariawyn · 21/05/2017 18:11

Need a diagram...!

BreakfastAtSquiffanys · 21/05/2017 18:12

Check that they don't have right of access first, then tell them that you are going to close off gap from your drive into their parking area "to stop your DC from leaving your garden"

Original poster

pinkletoes · 21/05/2017 18:14

LOL ok, diagram coming up later but got to put kids to bed now. Deeds clearly show our boundary and there's, we own the driveway.

It's not going to be an issue as we are landscaping the garden and removing most of the drive (just leaving a bit at the top to park, currently space for 4 cars i guess) so they'll get the message soon enough I would imagine!

OP posts:

wowfudge · 21/05/2017 18:16

Definitely close and lock the gates. Then watch them turn in and reverse....

Original poster

pinkletoes · 21/05/2017 18:16

hmmm, what is difference between right of access and owning the bit of land? I might need to double check but I called our solicitor (who holds the deeds) and they confirmed that we could do whatever we like with the driveway as long as it passes planning (still room to park, not something that overlooks their property).

OP posts:

akkakk · 21/05/2017 18:23

Person A can own a piece of land

Person B can have right of access over it (could be limited e.g. to foot / car, or for a specific route i.e. to a shed / house / etc.)

Person A can do what they like with their land but can't restrict Person B's right of access

So gate = fine
locked gate = not fine
removing drive if they have right of access over it = not fine
if their right of access is on foot v. by car you could leave a small space, if not specified you need to leave space for a car to get through
you need to maintain the area, but they may have to share repair / maintenance costs...

GlitteryFluff · 21/05/2017 18:31

Yes you need to check if they are allowed to use it. If they are there's not much you can do I don't think.

AnnieOH1 · 21/05/2017 18:36

How old are the properties? This could be very important in establishing what rights may or may not potentially be granted. Are they freehold or leasehold? There could be rights within the freehold title to all leaseholders that you are simply not seeing on either of the leasehold title documents you've checked.

Original poster

pinkletoes · 21/05/2017 18:37

Thank you this is really useful, but surely this would be in the deeds to the house wouldn't it? (A far as I know it isn't as we asked solicitor to check). Our plans will still allow them access by foot, they never have access by car unless we are out so can't imagine that's written anywhere as due to the layout would basically be impossible for us to park on our own drive if they needed access.

OP posts:

Bluntness100 · 21/05/2017 18:40

Right of access is normally in the deeds of the house.

MadamePomfrey · 21/05/2017 18:40

I think it's unlikely they have formal right of access by car otherwise they would be round all the time when you are parked complaining but definitely worth checking I would also start shutting the gate just to see what the do

Bluntness100 · 21/05/2017 18:44

I would check first before barring their entry. Owning the land and having right of access are two different things. If they have right of access you need to grant it.

Flip

1 2