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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

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:
Original poster
pinkletoes · 21/05/2017 18:51

We used to shut the gate when we first moved here (and DC1 was younger) and they never opened it (just used own drive). Definitely need to look into this though! They're actually quite nice neighbours so don't want to piss them off but just think it's really weird to use our driveway when they have their own perfectly good one!

OP posts:
Viserion · 21/05/2017 18:55

It won't necessarily be in deeds. If they have been doing it for 20 years and not been challenged, they can gain right of way. It may not have been formalised into deeds, but can't just be revoked. But, your vendor should have declared it. It is also possible that it is in the neighbour's deeds but has never been transferred to yours.

Original poster
pinkletoes · 21/05/2017 18:59

Yes I wonder if it's in theirs (and not ours)! Definitely need to check this then. They've not been here 20 years (14 I think). Houses were built approx 115yrs ago. It could definitely be that they have walking access but not car...they do walk up our drive sometimes to take their bins up (I don't mind) and they are generally good neighbours but I just don't want them driving down when DCs are out. I guess I'll just close the gate (no lock!) and they won't be bothered to open it.

OP posts:
Inertia · 21/05/2017 19:02

Looks like you need to get legal advice to check this properly, though it should have shown up during the housebuying process.

My worry would be whether they are establishing a right of access with their current unchallenged use- it'd probably be worth having a solicitor write to tell the. To stop.

akkakk · 21/05/2017 21:37

as you suggest, just close the gate.
if they did have right of access you are not stopping it as they can open the gate. If they stop, it suggests they don't believe that they have right of access.

Ikillallplants · 21/05/2017 21:42

If they have legal rights of way over your land it will be in the charges register of your deeds.

Tapandgo · 21/05/2017 21:47

They might be establishing 'rights of way' rights through habitual use, so get gates in use to block the access asap. (If bothered about relationship issues with neighbours, say it's because of child safety and/or drive and garden remodelling)

SisterMoonshine · 21/05/2017 21:50

If they've not been there 20 years, they can still have the right of access if previous residents from that house used that way.

ChasedByBees · 21/05/2017 22:05

If they don't yet have right of way, they could gain it by using it in this fashion so you need to put a stop to it if possible.

Just out of interest, if the previous neighbours used it this way but it's not recorded anywhere, how would they legally verify this to say they now have right of way?

Lostinaseaofbubbles · 21/05/2017 22:13

I've got right of way over neighbouring land. I have a deed of easement which says we have the right to walk and drive across the land (but not to park on or obstruct it).

The vendors of the house had to buy it for a couple of grand when we bought the house as they'd always just assumed that they had rights across the land but our solicitor checked and they didn't. The land runs all the way across the front of our house - without the deed of easement we have no vehicular access to our driveway.

I have one copy (was given it when I bought the house). No idea if there's a central place these things are stored.

TheMaddHugger · 28/05/2017 15:33

Any Update OP ? It's been a week.

Justmadeperfectflapjacks · 28/05/2017 15:38

No update or diagram as yet - terrible mning!

AcrossthePond55 · 28/05/2017 17:24

Absolutely check with a solicitor. There may already be a 'right of common passage' that was established years ago or they may be trying to work on creating one. Either way you need solicitor advice before you block anything.

kwick · 28/05/2017 21:10

Shamelessly placemarking.... where is the diagram?

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