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Shared driveway dispute

6 replies

sallycinnamum · 22/10/2013 18:58

We live in a 30s semi with a shared driveway and as the space is narrow, neither us or our neighbours are able to use it.

So last week I informed our neighbours who are very elderly that there might be some noise this week as we're having a downstairs loo installed but we'd do our best to make sure the builders kept it to a minimum.

Our neighbour who never uses the drive then informed us we couldn't install a soil pipe in the driveway as it would restrict his access.

We've measured it a dozen times and if he needed to there would still be room for him to drive his car down there but he's having none of it.

Local building control tell us it's fine as long as we provide reasonable access and it's a civil matter but I just wondered if any mnetters had experience of this type of dispute?

OP posts:
caroldecker · 22/10/2013 19:45

not a legal expert, but i would just do it anyway. By the time he manages to challenge it, you would have finished and to get compensation he would have to prove he has lost money due to the work

sallycinnamum · 22/10/2013 20:03

I do feel he's being slightly unreasonable but at the same time I know it's a shared drive and we can't obstruct it.

The pipe comes out 4 inches so not exactly hugely obstructive.

OP posts:
Maryann1975 · 22/10/2013 20:24

Are they very elderly? maybe they are confused about it all and what the work actually entails. My grand parents are in their eighties and tend to worry About anything that changes their normal lives. They dislike change so much because they are scared of losing control of their lives and don't understand modern ways. (Eg, they struggled to get in and out of the bath, but couldn't picture a shower with a seat in, in their bathroom, so never did anything about it until one of them fell and we basically forced them to do it for safety).

Your neighbour might just not get what you are trying to do and not be able to visualise what you are planning and also be worried about what happens if they want to sell their house and the access to their house is gone because of this pipe (that actually won't affect them at all).

Try and be patient with them but I imagine you might have to just do it and then when they see what you actually meant it will all be fine because it won't affect them at all.

quoteunquote · 22/10/2013 20:34

Very good advice here

www.gardenlaw.co.uk/phpBB2/viewforum.php?f=24

I would proceed very carefully, use the above link, put dilemma on there,

If you are reducing the shared space however small you need to reach an agreement , you may end up costing yourself money.

Even if it makes perfect sense to you, it is a concern to the other home owners.

kpandthesunshineband2 · 22/10/2013 22:18

Also check what it says on the deeds to your property. It may specify what rights you have.

Potterer · 23/10/2013 16:55

quoteunquote is rightly pointing you toward GardenLaw, have a look at their "Rights of way" forum to see if you can find a similar situation.

It will depend on exactly what it says in your title deeds.

It may not affect your neighbours now but if they sell up you could end up with the neighbour from hell who makes your life a misery because Rights of Way are sacred and people are always advised never to give them up.

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