Parking on 'shared drive'
Discussion
Hi,
We have just purchased a house. The driveway at the front belongs to next door, but the deed map indicates that we have right of access over ALL of the driveway. As do they. Further to that there is a covenant that indicates the neighbour cannot park on a shaded part of the map, directly outside our house.
Since 1981, the previous resident (of our house) has parked two cars on the 'shaded half' without obstruction. We have an official statutory declaration from her to say so, which was produced as part of the conveyancing.
We, too, park two cars in the EXACT position as indicated on the stat dec.
The new neighbour has today produced a solicitors letters informing us that in that position, we are blocking his access, and that they want to draw up a license to plot where we can and cannot park.
This is news to us, I did say to the neighbour when we moved in that we would move the cars if we accidentally parked them in an undesirable position, in a bit to not cause a dispute. He has not approached me in person, but has decided to instruct a solicitor.
Our conveyancing team went through the parking issue at great length before the purchase. I half predicted this. There is nothing in the deeds that precludes us from parking a vehicle. But there is nothing in the deeds that says we can, either.
The underlying story is that the neighbours really dislike us. From day one we got a frosty reception. (we're 30, they're 70s - we displaced their life long friend.. etc...)
I don't want to dance to his tune. I'm not looking for advice on how to respond, I wonder if any of you guys know about the law and shared access of land that belongs to one party?
IF I'm not blocking his access, I can't see how he can preclude me from parking? Unless I'm preventing proper use of the land. But because the land is only ACCESS for both parties, that is its proper use. (ie, he can't say he wants it for a veg patch?)
Any thoughts?
We have just purchased a house. The driveway at the front belongs to next door, but the deed map indicates that we have right of access over ALL of the driveway. As do they. Further to that there is a covenant that indicates the neighbour cannot park on a shaded part of the map, directly outside our house.
Since 1981, the previous resident (of our house) has parked two cars on the 'shaded half' without obstruction. We have an official statutory declaration from her to say so, which was produced as part of the conveyancing.
We, too, park two cars in the EXACT position as indicated on the stat dec.
The new neighbour has today produced a solicitors letters informing us that in that position, we are blocking his access, and that they want to draw up a license to plot where we can and cannot park.
This is news to us, I did say to the neighbour when we moved in that we would move the cars if we accidentally parked them in an undesirable position, in a bit to not cause a dispute. He has not approached me in person, but has decided to instruct a solicitor.
Our conveyancing team went through the parking issue at great length before the purchase. I half predicted this. There is nothing in the deeds that precludes us from parking a vehicle. But there is nothing in the deeds that says we can, either.
The underlying story is that the neighbours really dislike us. From day one we got a frosty reception. (we're 30, they're 70s - we displaced their life long friend.. etc...)
I don't want to dance to his tune. I'm not looking for advice on how to respond, I wonder if any of you guys know about the law and shared access of land that belongs to one party?
IF I'm not blocking his access, I can't see how he can preclude me from parking? Unless I'm preventing proper use of the land. But because the land is only ACCESS for both parties, that is its proper use. (ie, he can't say he wants it for a veg patch?)
Any thoughts?
FlavaDave said:
The driveway at the front belongs to next door, but the deed map indicates that we have right of access over ALL of the driveway. As do they. Further to that there is a covenant that indicates the neighbour cannot park on a shaded part of the map, directly outside our house.
Any thoughts?
Can you clarify the complete ownership of the drive? sounds like you have no right to park on his land from what you've said. Any thoughts?
But why didn't you talk to him about it and get any potential issue sorted before buying? Or more to the point, why didn't your solicitor ensure that this was dealt with?
You got a declaration - did you also get defective title insurance (you probably aren't allowed to tell us this)
I would have thought right of access does not necessarily mean you can occupy the space, just means access over it?
The fact they been parking a vehicle since 1981 with no obstruction or third party interveing may also mean they have right to occupy the space, although this is grey area.
Perhaps photos maybe needed to better understand the layout.
The fact they been parking a vehicle since 1981 with no obstruction or third party interveing may also mean they have right to occupy the space, although this is grey area.
Perhaps photos maybe needed to better understand the layout.
Hi,
See this map: http://cl.ly/image/3Q280R0y2m0u
The cross hatched area is access for both parties. The shaded blue is the bit THEY can't park on. That's all that the deeds specify.
See this map: http://cl.ly/image/3Q280R0y2m0u
The cross hatched area is access for both parties. The shaded blue is the bit THEY can't park on. That's all that the deeds specify.
So you're parking your 2 cars on your neighbours land and are wondering why he's upset?
Surely this is something you should have discussed with the neighbour prior to purchase if it was that important.
It sounds like the neighbour just wants to formalise the arrangement via a licence. My advice, go round with a bottle of wine and a bunch of flowers and sort it out face to face. The alternative is spending thousands £'s on solicitors.
Surely this is something you should have discussed with the neighbour prior to purchase if it was that important.
It sounds like the neighbour just wants to formalise the arrangement via a licence. My advice, go round with a bottle of wine and a bunch of flowers and sort it out face to face. The alternative is spending thousands £'s on solicitors.
Flava, reading your post again, this is far too complicated to work out on here, it needs a specialist legal firm to look at it. This sort of dispute can be expensive especially dealing with covenants and rights.
Try and resolve this amicably with your neighbours...litigation is not fun with an issue of this kind.
Try and resolve this amicably with your neighbours...litigation is not fun with an issue of this kind.
We are in a similar position, and have spent much time investigating this issue.
Shared driveways always cause problems. You may need to look up on the web about dominant and servient owners. Often the situation works both ways, i.e. each party must allow the other access and right of way, and also has access and right of way on the neighbour's half.
Parking on the shaded part is usually obstruction, and applies to both sides. There is usually a parking area, perhaps demarked in some way.
Sorting it out officially takes ages and the only winners are the lawyers. But that is the process your neighbour has started.
Shared driveways always cause problems. You may need to look up on the web about dominant and servient owners. Often the situation works both ways, i.e. each party must allow the other access and right of way, and also has access and right of way on the neighbour's half.
Parking on the shaded part is usually obstruction, and applies to both sides. There is usually a parking area, perhaps demarked in some way.
Sorting it out officially takes ages and the only winners are the lawyers. But that is the process your neighbour has started.
Fastest flounce I've seen in a while.
Jasandjules said:
Check your house insurance and put them on notice of a claim.
Serve on the other solicitor a copy of the stat dec and invite them to comment...
What good would this do? Genuine question. If the deeds clearly show ownership and the neighbour allowed someone else to use the land then....?Serve on the other solicitor a copy of the stat dec and invite them to comment...
TooLateForAName said:
What good would this do? Genuine question. If the deeds clearly show ownership and the neighbour allowed someone else to use the land then....?
I too am interested in the weight of the statutory declaration. I don't understand how a declaration by someone who didn't own the land would have an impact on this case - is it relevant what a prior owner did? Does the fact that the prior occupant had an arrangement with the landowner really carry over legally to a new occupier and given the declaration is one-sided? For all we know the prior occupier was greasing the landlords pole but omitted to included that in the declaration.
God i know all too well what it's like, my neighbour came out of his house and right around about 20m to complain about the 20db noise from my gate when i put my recycling bin out
it was a hot summers evening at about 7pm
i told him to go and take up fishing and get out more and he hasn't spoken to me since, f
k em
it was a hot summers evening at about 7pm
i told him to go and take up fishing and get out more and he hasn't spoken to me since, f
k emFlavaDave said:
Hi,
We have just purchased a house. The driveway at the front belongs to next door, but the deed map indicates that we have right of access over ALL of the driveway. As do they. Further to that there is a covenant that indicates the neighbour cannot park on a shaded part of the map, directly outside our house.
Our conveyancing team went through the parking issue at great length before the purchase. I half predicted this. There is nothing in the deeds that precludes us from parking a vehicle. But there is nothing in the deeds that says we can, either.
Any thoughts?
If the conveyancing team included a solicitor, talk to him/her again. Otherwise, get proper legal advice. This has the potential to be a very awkward, lengthy and potentially expensive dispute otherwise. Right of access usually means just that - you use the area to access other parts of the property, not for parking.We have just purchased a house. The driveway at the front belongs to next door, but the deed map indicates that we have right of access over ALL of the driveway. As do they. Further to that there is a covenant that indicates the neighbour cannot park on a shaded part of the map, directly outside our house.
Our conveyancing team went through the parking issue at great length before the purchase. I half predicted this. There is nothing in the deeds that precludes us from parking a vehicle. But there is nothing in the deeds that says we can, either.
Any thoughts?
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