Parking on owned shared driveway
kingpleb
Hello and hopefully im not asking something which ha sbeen asked before
though i've had a good trawl and can not find anything similar...
My wife and i(although she is the legal owner of the house) live in a
semit detached house and have in front of our house a small driveway, a
small area of grass and then in front of these a large area of Open
Access Shared Driveway.
Now for many years and with the past owner of the house next door, and
since his moving out the previous renters of the house, i have been
quite happily parking on our grass and a small amount of the shared
driveway infront of the house. this does not block access or restrict
it in any way what so ever. you can get a 7.5 tonne lorry through the
space left and still have room at either side...
Recently a new new tennat has moved in there and has started kicking up
a fuss about me parking there. now mostly the car is there overnight as
i take it to work with me during the day but for the last week and a
bit i have been working on it but again the car doesn't incrouch on
anyones land but our own and is on the shared driveway but not blocking
it.
We then started to get demands to stop blocking their driveway, which i
am not, and funnily enough they were perfectly able to get to their
drive and park on there without issue. Then about a day or so ago with
me home early from work and working on my car the landlord came around
and started to throw threats about what would happen if i didn't move
it as in his quotes 'i dont do things through solicitors mate, me and 5
of my mates sort it out instead'... nice individual i may add. he also
started to proclude that it was blocking access, he had just himself
parked a Mercedes Vito with 4 wheel trailer on the shared access drive
and claimed that it had to be kept clear at all times due to health and
safety regulations...
Now with regards H&S i thought it only had to be clear enough for
emergency crews to get in an out, well an ambulance could easily get in
and a fire engine would easily be able to park on the street and lead
upto the house as they wouldn't(and in the past haven't) parked on the
shared driveway at all.
The shared driveway to one side has a footpath and public road with
very low(3" high) kerb with a small strip of grass and some large trees
on it.
Now since moving my car, as my wife is registered disabled and was
getting very anxious and stressed with this added to the fact we have
all been fairly ill the last week with the sickness bug going round,
she paid to have the car towed to her parents house until it was
fixed.
The nieghbour (as we have been trying to sell our house) has phone up
or estate agents and given them a right gob full about making sure a
dispute is logged for any future viewers. they advised her that this is
done thru a solicitor and not by mouthing off down a phone, she then
hung up they said...
Now i believe if we own the shared driveway area and are responsible
for its upkeep and i am not blocking access on it then i am allowed to
park there.
Is this correct?
Also if i need to close a section of the driveway for upkeep work then
i need only inform them in writing that it will be closed??
The final biscuit for me was yesterday 5 minutes after putting our very
full black bin out, one of them took the black bin off our private
land(thus i believe tresspassing to do so) though as usual no-one saw
who it was...
Now looking at the deed and title plan from landregister doesnt show
any kind of shared access, just a noice big red outline of the property
and the driveway, grass and area i assume to be shared driveway..
Any advice appreciated :-)
--
kingpleb
Jeff
> Now looking at the deed and title plan from landregister doesnt show
> any kind of shared access, just a noice big red outline of the property
> and the driveway, grass and area i assume to be shared driveway..
It may be that you actually own what you think is shared!! It may be worth
paying and getting a copy of next door's plans and seeing what they say.
Jeff
Peter Crosland
news:kingpleb...@legalbanter.co.uk...
What does Land Registry say about ownership and access to it? Does it state
any right of access to anyone else?
Peter Crosland
steve robinson
not always you need to check your deeds , if your parked thier you are obstructing
it whether they can get past or not
>
> Also if i need to close a section of the driveway for upkeep work then
> i need only inform them in writing that it will be closed??
>
> The final biscuit for me was yesterday 5 minutes after putting our very
> full black bin out, one of them took the black bin off our private
> land(thus i believe tresspassing to do so) though as usual no-one saw
> who it was...
>
> Now looking at the deed and title plan from landregister doesnt show
> any kind of shared access, just a noice big red outline of the property
> and the driveway, grass and area i assume to be shared driveway..
>
> Any advice appreciated :-)
If its a shared driveway then it will say so in your deeds , get a copy from the
land register
If it is a shared driveway then the neighbour has a right to raise a grievence if
your blocking it even partially
Mrcheerful
my understanding of shared driveway was that either of you may use it to
access your own property, anything else is obstructing it.
Baldoni
>Then about a day or so ago with
> me home early from work and working on my car the landlord came around
> and started to throw threats about what would happen if i didn't move
> it as in his quotes 'i dont do things through solicitors mate, me and 5
> of my mates sort it out instead'... nice individual i may add.
This is the part I don't like. He must be a wanker if he has to
threaten to bring in 5 of his mates. Call his bluff and deck the twat
next time he comes out with that shit.
--
Count Baldoni
In hoc signo vinces
Paul
Get security cameras, record movement or record everything.
At least two cams, one being hidden on the approach to your property.
If it's not your drive, then dont park there.
If they insist on escalating things after that, be an absolute bastard
with them.
Make some investigations and find out as much as you can about the
neighbour, you'll be surprised at what can turn up.
I had a similar problem about 20 years ago with a neighbour, moaning
because I had 2 cars and a van at my house. They caused me loads of
shit with malicious lies, and vindictive claims, most of which were
untrue.
I even got comments like "how can you afford that, it must cost you a
fortune to run it" (a Range Rover) " you must be on the dole (I
wasn't).
I think it was largely down to jealousy, but they were known as
spiteful, childish twats at the best of times.
I did my own investigation, which showed up this bloke wasn't on the
electoral register, despite him having lived there with his partner (a
woman) for at least 20 years.
I eventually discovered she had been claiming a (i think it was called
this) widows pension or benefit from the NCB (I dont remember what
exactly it was, just that if she married or moved in with someone, it
either stopped or reduced). He should also have been paying poll tax
(but wasn't).
I later discovered that she had years and years of money to repay, and
I think ended up in court because of the poll tax.
They openly acused me of dropping them in it, I took great pleasure,
and almost pissed myself laughing whilst informing them that they were
correct, then told them to both fuck off before they really upset me.
You never know what you may find ...........
Strangely enough I never had any trouble off them after that.
They did have a couple of neighbours (out of maybe 100 houses) who
helped or backed them up at times, but what I did to them is another
story.
Like I said, be a right bastard, without breaking the law :).
>
> --
> kingpleb
Joe
>
> They did have a couple of neighbours (out of maybe 100 houses) who
> helped or backed them up at times, but what I did to them is another
> story.
>
> Like I said, be a right bastard, without breaking the law :).
>
>
Fine until the petrol starts coming in the letterbox while you're asleep.
steve robinson
Not at todays prices
Colin Wilson
> am not, and funnily enough they were perfectly able to get to their
> drive and park on there without issue. Then about a day or so ago with
> me home early from work and working on my car the landlord came around
> and started to throw threats about what would happen if i didn't move
> it as in his quotes 'i dont do things through solicitors mate, me and 5
> of my mates sort it out instead'.
IANAL
Get one of the dictation / voice recorder devices, and make sure it's
always by the front door (or with you if you're out in the car, in
case they try it on as soon as you get home).
If they come knocking, always start recording before you open the
door.
The threatening behaviour might be worth mentioning to the police,
just in case they do try to get nasty - you'll have a prior report in
to add weight to your case.
Per the other replies, the Land Registry can give you a copy of their
deeds for £4 - it might be worth getting both yours and theirs to
compare, and if you're in the right, and they still want to be arsey,
feel free to show them exactly where to shove their "shared" driveway.
This might also be useful to produce to plod at the same time as
making a complaint about the threatening behaviour...
Paul
You weigh up your options beforehand, make your choices, really
depends what's at stake.
You could also make sure they're too shit scared to do that, or it
could be sensible to back down.
There's also more than one way to handle things, some being subtle,
some being blatant, some being devious and cunning, some being really
quite clever.
kerry
>
> Now looking at the deed and title plan from landregister doesnt show
> any kind of shared access, just a noice big red outline of the property
> and the driveway, grass and area i assume to be shared driveway..
>
> Any advice appreciated :-)
>
>
>
>
Our can it be your own 'shared' driveway? that is a contradiction.
kingpleb
'Paul[_8_ Wrote:
> ;695103']On 16 Oct, 20:27, Joe harrison...@talktalk.net wrote:-
> Paul wrote:
> -
> They did have a couple of neighbours (out of maybe 100 houses) who
> helped or backed them up at times, but what I did to them is another
> -
> Like I said, be a right *******, without breaking the law :).-
>
> Fine until the petrol starts coming in the letterbox while you're
>
> You weigh up your options beforehand, make your choices, really
> depends what's at stake.
>
> could be sensible to back down.
>
> There's also more than one way to handle things, some being subtle,
> some being blatant, some being devious and cunning, some being really
> quite clever.
Thanks guys,
The voice recorder thing we have sorted as both our mobiles allow us to
do that.
The subtle approach i like, but at the moment as they are so wierd to
say the least i'd be worried about the petrol coming through the
door...
Requested official copies of the deed and title plan for our house and
got a copy of their title plan, but may get a copy of the deed online
but they don't contain much information about ROW and such like. A plan
we have from the house builder has a shaded area on it showing it as
open shared driveway but upkeep down to us but doesn't look much more
than informational at best let alone a deed or official plan....
If it turns out to be shared can i close to make urgent repairs to the
damaged area?? Obivously i'd have to inform the landlord in writing but
would love to close it for a week or so :D
--
kingpleb
steve robinson
If its damaged and dangerous yes you can close it , what you couldnt do is close it
off for an unreasonable length of time
kingpleb
Well a CSO came round at the request of the nieghbours the other night
and i was very very busy with the kids and dinner on my own so did not
give him the full attention and info he deserved but another bobby(non
CSO) is going to come round and advise us more at some point soon.
We are going to speak to a solicitor but very hard as wife can not book
any time off between 8-5 on weekdays for such things :(
Our wheeli bin went magically missing on collection day as well, 5 mins
after i put it out, then a few days later turned up on the wrong side of
the entrance and seemed to have been emptied by hand as it was full of
dust at the bottom still... I hope that whoever took it ;) that the
black bags came apart and the nappies inside came out :D
--
kingpleb