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Original poster

Shared drive access

46 replies

Joy5 · 17/02/2022 19:10

Hi

I bought a house last year and have been renovating it internally with the intention of having the drive paved at the front and back completely on my side during this year. The drive between the houses is shared. I spoke to my neighbour across the drive when i moved in who told me they also wanted to pave the full drive so i thought we'd agreed to share the cost of the shared area.

A few months ago the neighbour had their front garden, and over half of the drive between the houses paved - i was told a few days before it was happening.

Today a fence has been put up on my side of their paved area, meaning i've struggled to get my car onto the parking area in front of the house this tea time, Normally to do it i need to go a few inches onto the middle bit (a sort of no mans land) between both drives in front of the houses. It also means i can't now drive from my front parking area up to the parking area at the back of my house.

So car access to my garage and parking area has been cut off by my neighbour putting a fence up today.

Can anyone advise me on what i can do about it, i bought the house because it had a garage for my car - and i've a JCB booked for March to remove concrete paths in my back garden and do the footings for a conservatory i've ordered but now they can't get up my drive to do any work

OP posts:
ClarasZoo · 17/02/2022 19:13

They need to take their fence down! Likely an easement exists. But you need to look at the deeds to be sure.

Janesmom · 17/02/2022 19:19

Depends on whether you have a legal right (ie easement) to use their part of the shared drive or if there’s a restriction (covenant) against them fencing it. Review the file you should have received from your lawyer.

GinIronic · 17/02/2022 19:26

Your deeds will have the answer.

bigbluebus · 17/02/2022 19:36

As others have said your answer should be in the deeds.
You can also get small diggers that will fit through a standard pedestrian gate to do your conservatory base. We got one through our side gate last weekend.

Original poster
Joy5 · 17/02/2022 20:27

Found the lease it doesn't say anything about the centre of the drive or a fence but it does say not to do anything that is a nuisance annoyance damage or inconvenience to the neighbouring property - stopping me drive up my side of the drive is all of those to me

Thank you for answering so quickly, and the small digger has stopped me worrying about the JCB :)

OP posts:
Janesmom · 17/02/2022 20:37

@Joy5

Found the lease it doesn't say anything about the centre of the drive or a fence but it does say not to do anything that is a nuisance annoyance damage or inconvenience to the neighbouring property - stopping me drive up my side of the drive is all of those to me

Thank you for answering so quickly, and the small digger has stopped me worrying about the JCB :)

Unfortunately this is very unlikely to constitute a “nuisance” under your deeds. That has a very precise legal meaning.
TizerorFizz · 18/02/2022 08:05

The key aspect is whether the drive is shown as joint ownership on the deed plan and joint use detailed in the deeds. Sharing a drive is always a nightmare. Would it be better to create your own drive? I would, then you have total control over it without worrying about anyone else.

Original poster
Joy5 · 18/02/2022 09:26

Now the fence is up it's in the middle of my part of the shared drive so stopping me from driving up to the car park space next to my back garden

Thanks for answering

OP posts:
BringBackCoffeeCreams · 18/02/2022 09:34

So they've put up on a fence on your land, taking some of your land for themselves? Do the deeds show that it is your land? If so tell them to take it down immediately.

SeasonFinale · 18/02/2022 09:35

When you say shared drive is it a true shared drive where you have a right of access over the whole of the drive? If so the fence will need to be removed if it is preventing access. Your deeds will refer to the right of access.

However I think unfortunately you may be using the term incorrectly. I suspect you have separate drives that are just next to each other. You even refer to a "no man's area between the two drives". In that case they may be entitled to put a fence up as long it is on their land to mark the boundary. If the fence isn't in the correct place you can ask for it to be moved.

If it is in the correct place you could speak to them and explain the issue and they may be prepared to move it.

TizerorFizz · 18/02/2022 09:45

There isn’t really such a thing as no man’s land on most deed plans. Look at land registry for details. You do need to be clear about what you own, what they own and who had rights of access. Consult a solicitor if it’s unclear from land registry.

Original poster
Joy5 · 18/02/2022 09:57

The drive is shared between the houses, at the front of the houses we both have parking spaces in front of our own houses, i also have a parking space at the back of the my house.

The fence is on my share of the drive, stopping me drive up the shared bit. The deeds show the share bit split into diamond shapes between the houses where we technically own bits of it, but need to drive over next door's bit to access the bits we own if that makes sense.

Have been told by the neighbour the deeds say they can do what they have done, plus shouting and personal comments from them so not prepared to try calm speaking again. I really don't want to have to go down a legal route - have used this site in the past for the many times i was in Family Court representing myself - was hoping for a solution without having to involve legal costs.

OP posts:
Collaborate · 18/02/2022 10:10

Sounds like you have no choice other than going down the legal route. That, after all, is what the law is there to do. Check your house insurance for legal cover. If it is abundantly clear that the fence is on your side of the boundary you may remove it. In fact if you are 100% sure you have a right to use their side of the drive you may remove any obstruction they place in the way provided it can be classed as a substantial obstruction.

MrMrsJones · 18/02/2022 13:44

Do you have a diagram and the exact wording in your deeds

We have a lane and each have access to drive ove each ithers land to get to our bit.

But it clearly stated

MindTheGapMoveAlong · 18/02/2022 14:25

Do you have legal expenses insurance as an add on to your household insurance? Encroachment/ interference with your property is something that you might need to speak to your mortgagor about ( assuming you have a mortgage) because of the potential for devaluing your ( ie, their) property ( until you’ve paid off the mortgage) I’m afraid you might need to push this

NoSquirrels · 18/02/2022 14:41

There isn’t a solution that doesn’t involve the neighbour being persuaded to remove the fence - and that can only happen through agreement (& they’ve shouted and refused) or enforcement (legal).

Post your deeds here? You need to be sure of what you’re allowed.

Original poster
Joy5 · 18/02/2022 18:17

Don't want to post my actual deeds as it 100% identifies me, but it clearly states neither of us can block the other from driving up the middle shared bit of the drive, something i can no longer do. Neither can they - the gap between both houses and the fence is too narrow for a vehicle to get through. Drove my car up and tried it earlier and i drive a tiny car it's a 1000 engine. I think i need to speak to a solicitor next week - something i absolutely don't want to do both from financial and a personal point of view.

To make matters worse the plans on the lease are not accurate - they show the back of my house flush with the front of the house next door except the back of my house is 2/3rds of the way to the back of the house next door. Not sure how that affects the measurements on the lease plan for the shared bit as if my house was in the right place it covers part of the shared bit on the drive so obviously that can't be right.

OP posts:
PeakyBlender · 18/02/2022 18:46

Can you post a diagram? How is it blocking you?

Original poster
Joy5 · 18/02/2022 19:35

The fence is so close to the houses the gap isn't wide enough for my car to fit through to go up to my garage or the parking space in front of it

OP posts:
notapizzaeater · 18/02/2022 20:48

Legal cover on your house insurance ?

LIZS · 18/02/2022 20:55

Can you ask the solicitor who did the purchase to clarify the position?

MrMrsJones · 19/02/2022 07:42

I would think you could remove the fence as it is stopping you getting access to the rest of your property

MarieG10 · 19/02/2022 07:54

I would write to them and request they remove the fence as it is obstructing you from exercising your right of access. Given them 14 days, if no response send a final letter then get it removed.

You could then try claiming the cost in the small claims court

burnthur5t · 19/02/2022 08:00

I understand exactly what you mean as there's houses near me with shared drives exactly like you describe. Nobody has a fence running down the middle though stopping access, that's a dick move

I think legal advice is the only way to go

Original poster
Joy5 · 19/02/2022 08:24

No legal cover on my house insurance, and i spoke to the solicitor company yesterday who confirmed what i was told when i bought the house neither of us can block the other's access on the drive, except i have a fence thats blocking the access past both houses

OP posts: