To remove the drive way double gates on shared driveway between me and neighbour.

[MeDadMeDad]

Aibu that I have removed the driveway double gates this morning.

In a dispute with neighbour, I have come out to use my driveway this morning and found that the neighbour next door has padlocked the gates, which I was unable to bring my car up the drive off the road.

We have disputed this for the past 18 years. He has done this before. Solicitors and council were involved and everyone agreed it was a shared driveway between the 2 properties. He's council, we own our property.

We have the deeds to prove that it's shard as well. Council say its a civil matter and they are not getting involved this time. To go to solicitors again.

Also the gate post has been extremely loose for many months because he is refusing to pay half for the repair of the post that a council van had back into.

The schools have started back this week and I was frightened that the post would fall on a child. We live at the back of a infant and primary school.

I have taken double gates off so I have access to the drive and also until the dispute is sorted about payment of the post. It took 3 shoves and post and gate was down.

I've now got his lock and 2 double gates and one post in my back garden.

Just looking for advice and opinions please.

It's important that I have access to the driveway as other neighbour over the road has dangerous dogs who have run up to mine to attack in past. So the driveway is a safe space for my dogs to get in and out of the car daily as I take them on a private field.

So for the typos.

😂 excellent 👏👏 well done, yanbu

It wouldn't be down to him to pay for the post repair as he doesn't own the property. I would just tell the property owner, the council it fell down and to save them being sued you have removed it prevent any accidents especially as it's a school route. But you need to give him back the lock somehow, presumably difficult with no key....

Who actually owns the drive? Shared access is for you to both be able to access your drive/property, but who owns the actual land? What is on the deeds?

Why did he lock the gate? Is there more backstory than just the loose post?

@MeDadMeDad I dont know what a cottage flat is! is the drive shared with 3 properties?? ground floor flat, first floor flat and your house?? can we have a diagram please??

On shared drives you usually own or rent half and only have the right to drive across it, not park at all or store bins or any other items. I have a shared driveway. We had the same neighbours for 20 years and all fine, on day 1 of new neighbour's I made a point of meeting them. They had no real idea about how it worked and had planned to park on it. We spoke civilly and all fine.

Why did the dispute start in the first place ? You don’t have the right to do anything to their side only yours. Do you have a copy if the deeds ? It’s quite clear on ours.

We need a diagram- showing the property boundary, buildings and position of the gates.

Could you fence off “your” side and install your own gates?

We told the council a few months ago if they would fix the gate. And because of council cut backs the council said the 2 properties have to pay to fix it

I'd be getting my solicitors on to them. The van should have been insured.

I don't really understand the set up

He's an idiot I would try to find a way round it eg your own fence/gate

Also struggling to understand the setup here.

But by the sounds of it, YANBU. Especially if this has been going on for 18 years, that's insanity.

Is there a diagram. Im not following why if its a double drive you can remove any post and gate on your half and replace it with whatever you like?

Sorry, I am not sure if I have misunderstood but I have interpreted what you have said as the Council Van hit the post which is now loose and a H&S risk and the council have told you there is no money and you and the neighbour have to pay?

You are not asking for a handout but for them to correct the damage that their driver caused so I sort of get why the council tenant won't pay.

I would be writing back to the council making a claim for the damage to the post and advising that their tenant is padlocking the gates and denying you vehicular access to your shared drive and I would attach a copy of the land registry search showing this entitlement to the shared drive. I would make it a letter before legal action unless I have misunderstood.

Who is responsible for maintaining the gate? You and the tenant or the council?

It’s not a double drive. It’s a shared drive. A single width driveway that services more than one property. Usually a long driveway, like a short private road, that then divides at the top.

Thank you.

So how does that work in terms of ownership? Is it like one party owns it but must give access?

I think usually one party owns it and there is an easement.

If he's a council tennant and he is still disputing the shared drive after its been confirmed by the council, his landlord, they need to take action as its their tennant and their responaibility. They can't just say they won't deal with it. They should be threatening him with a demoted tennancy due to anti social behaciour. There will be a clause in his lease about it as its standard. Council has various powers to deal with this and they should do so. Look for their complaints proceedure on their website if they persist in doing nothing. You shouldn't have to pay for solicitors as its a council problem, not yours.

The council can’t just decide that. It will outline in his tenancy what he is responsible for and what the council is responsible for.

However in this case if a council van backed into it, then you should claim from the council/van insurance. The damage has been caused by the council van so they/their insurance should be covering it.