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Shared driveway - my driveway is their turning circle

62 replies

IglesiasPiggletheSecond · 05/06/2023 18:21

New neighbours are complaining that we are parking on our driveway which is making it difficult for them to manoeuvre their car. This wasn’t an issue with our previous neighbours but with a shared drive something was bound to crop up at some point!

My boundary is edged in red with the cross hatched area being my driveway. The cross hatched section isn’t on the land registry so not sure where this was first filed? There is an ordnance survey reference on the document?

The overall cross hatched area is a shared drive between 3 houses. We’re not supposed to block it etc. The house at the top (not in the picture) has a driveway that matches my neighbour’s.

I have contacted my solicitor to get the cross hatching removed from my driveway so there is no issue when I sell the property but am waiting to hear.

Does anyone know if I will be able to get this resolved in my favour? Should it be possible to update this?

In reality I am happy for my neighbour to reverse their car into my drive so they can drive out but they are requesting I don’t park there at all. This is my land!!

They are not reasonable people before anyone asks, for example, my daughter has an EHCP and is picked up for school at 8 am every morning by taxi, they have complained that the taxi wakes them up. They both work a 9-5 job and often leave at 7:30 so aren’t even there to hear the car arrive!

Shared driveway - my driveway is their turning circle
OP posts:
Brahumbug · 05/06/2023 23:23

What do the deeds say regarding the drive? Do your neighbours have a right of way over your drive, or at least a right to use it? If not then tell them to jog on!

IglesiasPiggletheSecond · 06/06/2023 18:14

I’m trying to find the final version as everything I can pull out from emails is all draft. We must have signed something!

I fear it’s only the beginning!

OP posts:
Niceseasidetown · 06/06/2023 18:16

Imagine asking someone not to park in their own drive. Hopefully a stiff letter from a solicitor will shut them up. The solicitor who handled your house sale may have the plans etc on file?

redrobininmygarden · 06/06/2023 18:22

Is the turning circle your drive? It seems a really small area for an actual drive, in compared to your neighbour

NCTDN · 06/06/2023 18:24

Yes I was going to say that or send a very small drive compared to next door. If that was not for actually parking, you wouldn't have anywhere would you.

NCTDN · 06/06/2023 18:25

Or is that a garage to the right that is yours?

Readyplayerthr33 · 06/06/2023 18:26

It doesn’t look like you have a drive at all. The neighbour has a drive, that whole hatched area is for turning and cannot be blocked… which means you cannot park on it.

You don’t have a drive, you have a turning circle on your land which you cannot park on.

How did you not pick this up when you bought the house? That hatching on your land should have been queried at the time and removed. It’s obviously meant to be your drive, so shouldn’t have hatching (just like your neighbours) but that’s not what the plans show. The plans show you cannot park there. So you can’t park there.

redrobininmygarden · 06/06/2023 18:28

From the drawing, the area highlighted has a right of way and I don't think so anything you or your solicitor can do to remove shared access.

Indigodreaming · 06/06/2023 18:57

So, are you parking on the crosshatch bit?

MrsElsa · 06/06/2023 19:01

Looks like your house has a piece of land which is not a drive at all. But weird to own the land and not have the rights to park on it. Should have been queried when first built I would have thought..

NoSquirrels · 06/06/2023 19:10

It doesn’t look like you have a drive at all. The neighbour has a drive, that whole hatched area is for turning and cannot be blocked… which means you cannot park on it.
**
You don’t have a drive, you have a turning circle on your land which you cannot park on.

That’s also my interpretation. You mentioned this is a new neighbour - how long have you lived there?

When you say ‘The cross hatched section isn’t on the land registry’ - is this from your deeds?

greenacrylicpaint · 06/06/2023 19:15

you need to go pn the land registry website and download both your and your neighbours entries (small fee).

is the hatched area a drive or a street?

eurochick · 06/06/2023 19:42

You can download the deeds and plan from the land registry for about £3 per document. The documents will tell you whether you have a right to park on your "drive".

IglesiasPiggletheSecond · 06/06/2023 21:11

It is a small driveway in front of our integral garage. They have a detached garage which is the small block to the top right of my house.

The hatched area is a driveway not a street. There are three houses and the top house matches the layout of my neighbour.

I have the map from our enquiries and know that we challenged it but can’t find the emails/ pack with the final outcome.

We have lived there 18 months, new people about 6 months.

OP posts:
Indigodreaming · 06/06/2023 21:15

If you are parking on the hatched bit - you are in the wrong

IglesiasPiggletheSecond · 06/06/2023 21:17

Does anyone know how easy it would be to amend this if on the deeds?

OP posts:
Readyplayerthr33 · 06/06/2023 21:24

Park in your garage then because you cannot park on the hatches area. You’re the one in the wrong.

You should have sorted this when you bought the house. You didn’t so you have to live with it the way it is until you do get it changed. Until then, you can’t park there.

redrobininmygarden · 06/06/2023 21:29

I must say this is very unusual not to have your proper drive in front of your integral garage, it’s not practical nowadays. As pp said, you can’t park there.
No way your neighbour will agree to the deeds amendment as it will downvalue their house price.

redrobininmygarden · 06/06/2023 21:47

The only way you can remove this right of way - is by proving that your neighbour has not used it for at least 20 years which is impossible in your case and second one, if your neighbour agrees that they don't need access to this turning circle which is highly unlikely like I have explained in my previous post. I don't see any way out, unless these drawings were amended after you challenged your seller prior to the purchase.

MinnieEgg · 06/06/2023 21:49

I've lived in a new build estate where people thought they could park in the turning lay-by because it was on the land registry that they owned it. All that means is that they have to maintain it and fix it if it gets damaged. You can't block it or park on it or build an extension on it.

I've had a path running along the back of my garden that was on my deeds. But I couldn't have fenced it in to my garden or stored a wheelbarrow on it. If anything it's a bad thing as you have the responsibility of the upkeep.

You won't be able to 'get the cross hatched removed' as then no can turn.

IglesiasPiggletheSecond · 06/06/2023 21:50

You are all very heated about this! It wouldn’t be blocking their access as they can still manoeuvre. We do park one car in the garage and another on the drive which is within my boundary. The bit I want to change is the little cross hatch in my boundary, not the overall cross hatch area. We don’t park beyond our boundary. The previous owners never had an issue and nor did our previous neighbours as we all just got on.

OP posts:
QuillBill · 06/06/2023 21:54

You can't get it changed. It's hatched so that nobody parks on it.

It wouldn’t be blocking their access as they can still manoeuvre. I thought the whole point of this thread was that they have asked you not to park there.

redrobininmygarden · 06/06/2023 21:55

@IglesiasPiggletheSecond I’m talking about your little cross-hatched area, it has the right of way which is an easement in the deeds. For you to remove this in your boundary you would need a Deed of Release to formally remove the easement, which can only be achieved in two circumstances normally.

YellowDots · 06/06/2023 21:56

All that other cross-hatch part, that isn't in your boundary, must be in someone's boundary and on their deeds.

So are you saying that whoever that is could park vehicles all over their bit?

HundredMilesAnHour · 06/06/2023 21:56

You seem to be missing a very significant point OP. You don't have a drive! According to the plan, what you have is access to your garage but you can't park in front of it as that is shared access (the turning circle) rather than your drive. The area you think is your drive isn't your drive. Your new neighbours are correct. From the plan you've shared, you shouldn't be parking there.

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