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Legal matters

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New neighbours - shared drive shenannigans

53 replies

Nightpain · 02/10/2022 00:15

We have new neighbours.

We have lived for 10 years at our property, with the departing neighbours having been there for 24 years. We have a shared driveway. We own the bit that has block paving, the tarmaced bit belongs to the other property.

For 10 years we have had no problems at all and a good relationship where we put each others bins out etc.

I came home last night to find the new neighbours have moved in. They have moved all the bins from where they have been for 10 years and put a caravan there. The drive is not visible from their house, however it is right in front of our kitchen. All we can see at the moment from our kitchen window is their caravan.

They have also squeezed 2 cars into the drive, meaning I can no longer park on the area that I own because their car is preventing me from manoeuvring onto my drive or turning round, I now have to reverse out.

They are insistent that it is their drive and they can do what they like on it, totally pissing all over the way we have lived for 10 years after living there for 1 day.

This is our deed. Our property is indicated in red, the brown hashed shaded area is the drive. Number 1 on the diagram is our garage, number 2 is their garage. The yellow area is the road.

Anyone have any thoughts on this?

New neighbours - shared drive shenannigans
OP posts:
PimmsOfCourse · 02/10/2022 00:20

I don't understand the diagram but if they are blocking your right of access then that is something you can pursue legally. Also if you have been using it as such then there is precedence for it to be used still.

SnarkyBag · 02/10/2022 00:25

Where is there house in relation to the drive?

FamSender · 02/10/2022 00:29

I also don't understand the diagram.

MaryTruss · 02/10/2022 00:38

Where are their cars and caravan parked as from the diagram it looks as if you'd be able to reverse in and then drive out.

Aconitum · 02/10/2022 00:46

What do your deeds say?

Pea79 · 02/10/2022 00:47

Is their boundary outlined in blue? If so, it looks to me as though you'd have to drive across their land to access your garage, because your boundary (outlined in red?) runs right in front of your front door. Is there anything in the legal paperwork about any of the land having shared access?

Pea79 · 02/10/2022 00:50

I've just assumed where your front door is, but can't actually tell from this. The blue boundary runs right across the corner of your house, which you'd have to drive across to get to your garage (I think?).

DoodlePug · 02/10/2022 00:57

Do you mean you have to drive across their land to access yours or just that you've been using an empty part of their drive to do your manoeuvring?

I'd say they have a right to cover every inch of their drive with vehicles unless you have a right of access.

I sympathise about the caravan, same issue here, but it's their property so unless deeds prohibit it they can do it.

I'd say give them a few days to experiment with use and see what happens. For all you know they're new to the area and looking for storage for the caravan.

BruceAndNosh · 02/10/2022 01:05

So do you each have your own bit of drive for parking but share the access?
I don't understand the diagram either despite our last three houses all having shared access!

Addicted2LoveIsland · 02/10/2022 01:19

I understand the diagram and it makes sense. What OP is saying is that they have shared access over the drive and she owns the slightly darker shaded bit in front of her garage which is labelled number 1 on the diagram.
OP if the deeds state you have access, over their property, then you have access - they cannot block it. Check your deeds and if they are being unpleasant contact a solicitor. The caravan they can park on their drive unfortunately, not much you can do.
Were they awful when you approached?

MinnieMountain · 02/10/2022 05:45

Find the Transfer that created the shared driveway. Does that say anything about no caravans?

ElsaPink · 02/10/2022 06:21

They shouldn’t be blocking your access

ElsaPink · 02/10/2022 06:22

OP has a right of way over the town shaded area, to access her garage and house (no 1). Next door own they brown shaded area.

custardbear · 02/10/2022 06:29

We have a drive that we own but next door have rights if access - solicitor said this is a right of access to drive into their garage and although we can park there solicitor said for neighbourly peace to leave the bit on front of their garage accessible, which we do
Is the drive 'shared' or theirs and you have right of way?
Also what do the deeds say?

Mummyoflittledragon · 02/10/2022 06:36

You need to check your deeds. You must have a right of way or something. They cannot block you.

nightbulb · 02/10/2022 06:42

Hopefully if they have a caravan it means they’re away a lot

MarieG10 · 02/10/2022 07:08

DoodlePug · 02/10/2022 00:57

Do you mean you have to drive across their land to access yours or just that you've been using an empty part of their drive to do your manoeuvring?

I'd say they have a right to cover every inch of their drive with vehicles unless you have a right of access.

I sympathise about the caravan, same issue here, but it's their property so unless deeds prohibit it they can do it.

I'd say give them a few days to experiment with use and see what happens. For all you know they're new to the area and looking for storage for the caravan.

I would agree with this comment. If so, then it looks like,the deeds have been drafted badly as to access your garage it looks like to some extent you need access to some degree over their land. Clearly worked by goodwill but as ever, if goodwill is withdrawn it becomes a nightmare.

Jessbow · 02/10/2022 07:13

you may have right of way, but you dont have the right to be able to turn around, even if you have done so for the last 100 years,
Why is reversing out a problem?

Unless your deeds say no caravan storage they can park what they like on their drive

QuebecBagnet · 02/10/2022 07:16

So you can park on your drive but can just no longer turn using their drivers a turning point meaning you have to reverse out? If so and I assume your deeds don’t say you can use their drive as a turning area then that’s fair enough. Most people can’t use their neighbours drive as a turning area and I’d be pissed off if you were turning in my drive.

they are also allowed to park a caravan on their drive unless the deeds say they can’t.

QuebecBagnet · 02/10/2022 07:19

I think you need to draw a better diagram though. You say you own a block pave bit and they own a tarmac bit but that diagram doesn’t show that? Are they just parking in their bit or also on your bit?

AllThatHoopla · 02/10/2022 07:31

I can completely see why you are upset. Especially about the caravan.

However, the new neighbours don't have to use their drive in the same way that the previous owners have used it. That's not pissing over the way you've lived for ten years, it's just them living in their own house the way that suits them.

You just need to keep your bins on your own drive and reverse in and out like countless other people.

Like doodle says, it's probably a good idea to wait a few weeks and see what happens about the caravan.

ElsaPink · 02/10/2022 07:48

MarieG10 · 02/10/2022 07:08

I would agree with this comment. If so, then it looks like,the deeds have been drafted badly as to access your garage it looks like to some extent you need access to some degree over their land. Clearly worked by goodwill but as ever, if goodwill is withdrawn it becomes a nightmare.

It’s not goodwill - OP has a right of way over the area shaded brown. I wouldn’t say that was at all badly drafted.

TooMuchToDoTooLittleInclination · 02/10/2022 07:49

@Nightpain

i can see why you're pushed off and looking at your deeds it looks to me like you're correct (if I'm 'reading' it properly??). Number one is yours and the area marked behind that, which I'm assuming is where the bins were/you reversed into & they have now put the caravan.

(I can't scroll back to check or it deletes my post! )

but do I remember correctly that you spoke to them & they said it's theirs? If they did, they need to show you their deeds.

if I'm making that up, you need to go & talk to them (today!) nicely and see WTF they think they're doing! Be calm & polite though because you're going to be stuck with them for a long time!!

💐it's hard when nice neighbours move out, & seemingly inconsiderate ones move in, but you were the new ones at one time!

go & say hello & have a chat.Don't leave it weeks/months (😳🙄😂) find out what their plans are! They should have ASKED to put the caravan there, so do have a look at their deeds & ask why they think it's ok to put it there.

KangarooKenny · 02/10/2022 07:53

Do your deeds say you can park a caravan on your drive ? Ours state that you can’t.
And I believe you can put a fence up between the shared drive if you give them notice. You’d need legal advice.

Onceuponaheartache · 02/10/2022 07:57

You need to check your title deeds op and look for what the easements state.

Based on the drawing it isn't shared. Your boundary gives you no ownership of the driveway.

However, you state you can get on your drive you just can't do it in the way you want. That means that there is nothing you can do. Legally they are doing nothing wrong.