Shared driveway

[Anaphylaxis]

Hi all, just wanted to understand where we stand in terms of shared drive legal issue.

I have attached a diagram, where we own the house C with the purple boundary. Our neighbour B has shared access to their house via red area, up to 3m from our gate. They have access to their house via side gate on their garden, rather than via main road.

They currently park their car on the main road. They are now proposing to convert rear of their garden to a single vehicle parking.

The shared driveway is narrow and long, single lane, and about 20 meters long. Based on the deed, the exact wording is full and free right of way with and without vehicle at all times and all purposes. Also deed states right of way ends at 3 meters from our gate.

I understand they can’t reverse out to main road and not sure if there is space to turn car within their garden. Their garden is about 3 meters wide.

My question is are they allowed to do this? No planning permission needed? Does the deed allow this this legally?

If the access to the new parking space in their garden is wide enough, surely they can then reverse into the shared driveway and then forward onto the main road? I am also baffled as to why this is an issue for you, provided they are just using the new access/gate for entry and exit only, with no parking on the shared drive, and the new entrance to their garden is more than three metres from your existing gate.

What is the exact issue for you OP, is it that their car will be using the driveway instead of just pedestrian access as now?

I accept that the entrance may not be wide enough to do what I mentioned in the first paragraph above, but as pp mentioned - a turntable in their garden would be an option. Not that it's your problem, and if it is, can you say exactly why?

Maybe they’ll reverse in and drive out ?

I am only a first time buyer so take this with a pinch of salt, but the point that struck me from the replies is that it matters a lot what the right of way is actually for. If the deed gives them access to a pedestrian gate far from the road, that is not obviously the same thing as a right to create a brand new vehicle entrance, and I think that is where Rollercoaster1920 was heading. A solicitor can read the wording in one sitting, and many do a fixed fee first look, which would be cheaper than guessing. Also worth checking whether the neighbour would need a dropped kerb or planning for a hard standing, since that sometimes gets refused for front access but they would be coming at it from the back. I would write down what happens now, photograph the gate and the surface, and keep it all dated, before any conversation with them. And if you can face it, a calm chat early is often better than a letter, though I know that gets awkward when the neighbours are right on the doorstep. Hope it works out for you, it sounds really stressful.

@HouseHuntingAmy Very sensible and valid post. You'll go far!

Yes to this
Turntable

I agree with this advice to take lots of photos now, before any work starts.

thank you everyone for valuable comments, it has really been useful!

So where it says B garden it is now going to be a drive which is accessed via the lane?

I'd put a stop to this if possible - do you get any issues with their visitors parking on your drive? If they are allowed to go ahead, you need to make it so they don't encroach on your property at all - how will they get this work done without builders using your property to get to theirs?

Right of access arguement, just like their workmen are parking on the driveway. They do let me know, problem is last minute fyi

What have you decided? Do you have a solicitor appointment yet?

We have asked a few firms and waiting for their response.

Also trying ro find out if planning permission is required

Personally I wouldn't allow their workman to park in my drive. I would see it as them having a right to drive down it to deliver something but not to park and block your own access. The exception being if it was a workman using tools connected to his van that were clearing a drain or something.

I share an unadopted driveway with 3 neighbours and it's a pita when one of them blocks it with workman, but at least we all own it and have equal liability. Your neighbour is actually using your land to get to theirs, so I'd want it literally for coming and going, rather than extended use.
Hopefully the solicitor can clarify what is reasonable

they have an easement to use, so difficult to argue, and I don’t want to unnecessarily create tension with them. But creating a car park feels like they are trying to push the easement right beyond what is reasonable

Do you have any idea what the land drainage like?
It is possible that the new drive way could cause problems for you if they direct the drainage to your road.

Can you post the full wording of their easement? From what you've posted so far, they only have a right of way which does not include a right to park (even temporarily).

The statutory right of access for works is only for essential repairs and maintenance. It doesn't cover optional work.

I am a property solicitor btw.

they haven’t contributed to any maintenance if it helps

OP, I would go onto gardenlaw forum and post your query there, they are extremely helpful and have people posting who are planners, lawyers and experts in rights of way etc!

There no right to park there. There's also no right of access for work, maintenance etc addition to what the law says. You're being nice by allowing brief stops for deliveries but I'd stop letting them allow people actually visiting for any reason to park there.

If they want to drive over the restricted area for this new access, the easement needs amending again. You don't have to agree to that.

Obviously take proper legal advice rather than from randoms (including me) on the internet but don't let them do anything in the meantime.

Is this everything? You said there was a specified garden gate single entry point, but I don't see it mentioned here.

Thank you, we have instructed solicitor to have a look at the documents for advice on where we stand. I just wanted to get a feel for what is within our right and their right.

I wouldn’t wish to include that much detail online, we are already talking to solicitor so will take from there

I do hope you find an amicable solution @Anaphylaxis .
This is one reason I would not consider a shared access, parking, right of way etc. Too easy a point of contentio, even with considerate neighbors.