advice

[mowerman]

Originally Posted by Thomas-the-Terrano2

quite easy to lose soem land along a boundary.

we put up a short section of fence to childminding spec
just our side of the ex council house marker posts that
had wire along them.

neighbour then did same but full length of garden.

so left a sliver of no mans land maybe 6" wide at most
between 2 fences.

we then took our fence down as rotten, and removed
marker posts. hey presto we gain several square feet
of land down a 50 foot garden.

now no evidence unless you count bricks on the
semi detached sheds we share....

Did this also a few years back at my last house... a bit of land about 4 foot deep behind my garden fence and a block of garages... so I removed the rotten wooden fence, put up a new bit of fence to block off the gap between my garage and the rest of the block (where the strip of land was) and gained a nice 4 x 30 foot extra bit of garden.... sold the house on years later no problem !!!

[lacroupade]

You might find that the drive appears on both sets of deeds but as shared access. Conversely it might appear on one set giving a ROW to the neighbour.

Either way a shared access is a shared access and if its the first option above then I suspect one party can surface it as they like, but if they leave half undone, well....probably not much remedy, just knobby as you say.

[clivvy]

Originally Posted by lacroupade

You might find that the drive appears on both sets of deeds but as shared access. Conversely it might appear on one set giving a ROW to the neighbour.

Either way a shared access is a shared access and if its the first option above then I suspect one party can surface it as they like, but if they leave half undone, well....probably not much remedy, just knobby as you say.

yes, this is what i also need clarification on. if its right, then fair enough, it only proves my point that hes a cock and a nob end. But, if hes wrong, then its in my interests to have the driveway put back now.

[Thomas-the-Terrano2]

wonder was it always a drive, or 2 paths which have combined on a shared basis?

house where i grew up was like that 2 paths, even a decent brick dividing wall
which many neighbours removed to make a shared access. clearly couldnt park
on it. my parents had a garage built where a semi'ed shed had been, maybe a
washouse/loo in its day.

we had pretty much constant trouble with different families that had the house
across the drive, was about best when an old dear lived there and it was
virtually ours.

we came home with caravan which was stored at back of house to find had
surfaced their side of drive, or had built a box of the coal hole which dropped
into the cellars and so could get ' van in.

tbh vowed never to have same arrangement if lived anywhere else, oh and i
think my parents covered cost of wall removal in first place and first surface
that was laid.

good luck and hope your legal cover can sort things.

[clivvy]

Originally Posted by Thomas-the-Terrano2

wonder was it always a drive, or 2 paths which have combined on a shared basis?

house where i grew up was like that 2 paths, even a decent brick dividing wall
which many neighbours removed to make a shared access. clearly couldnt park
on it. my parents had a garage built where a semi'ed shed had been, maybe a
washouse/loo in its day.

we had pretty much constant trouble with different families that had the house
across the drive, was about best when an old dear lived there and it was
virtually ours.

we came home with caravan which was stored at back of house to find had
surfaced their side of drive, or had built a box of the coal hole which dropped
into the cellars and so could get ' van in.

tbh vowed never to have same arrangement if lived anywhere else, oh and i
think my parents covered cost of wall removal in first place and first surface
that was laid.

good luck and hope your legal cover can sort things.

its a very similar situation for us. wasnt always a drive but has been for a long time. the problem is the neighbours interpretation of the driveway and its division. He thinks its HIS land, and i intend to correct him on this. We park our caravan at the back, although this is going to change we are going tomove th ecaravan to the front, so i have constant use of the drive for my cars lol, thatll shut him up the cock end.

besides, soon he will be out of our hair, and we can square up the deeds with whoever lives in the house. all i want is legal advice to ensure i know what im talking about, so ill be ringing them either tonight, or tomorrow (free legal advice via insurance-sweet!)

[illy]

Dig a big crater on your half right at the drive entrance that only your 4x4 can negotiate, That will p him off.

illy

[clivvy]

i'd love to Illy, really i would! but, then i'd be liable because it stop access grrr. no, at the moment all i do is park as awkwardly as I can, blocking the drive. He doesnt say feck all these days, so we think hes avoiding us, which if true, proves he doesnt want us sticking our noses in, well, tough titty.

[larson]

take some pictures and trot to citizens advice with a copy of your deeds.. i very much dowt there experts but they are free

[lacroupade]

Originally Posted by clivvy

its a very similar situation for us. wasnt always a drive but has been for a long time. the problem is the neighbours interpretation of the driveway and its division. He thinks its HIS land, and i intend to correct him on this. We park our caravan at the back, although this is going to change we are going tomove th ecaravan to the front, so i have constant use of the drive for my cars lol, thatll shut him up the cock end.

besides, soon he will be out of our hair, and we can square up the deeds with whoever lives in the house. all i want is legal advice to ensure i know what im talking about, so ill be ringing them either tonight, or tomorrow (free legal advice via insurance-sweet!)

But thats the problem.....if as T3 suggested and you've implied, this shared drive was formed by two previous occupants agreeing to knock down a party wall and lay a common driveway, there was an implied agreement by each party to give the other a ROW over the others bit.....and unless it was enshrined in the deeds as a covenant then ownership is still as per when the brick wall was there, so technically neither of you can park on there and potentially one of you can stop the other even accessing it - and could even reinstate the wall if you wished.

You have to ask your self (i) if that would enhance or degrade your property and your use of it, and (ii) if you really want a dispute like this which may backfire on you if you ever come to sell, even if (in fact especially if) you don't declare it when the searches ask.

IMHO if it was indeed formed as stated above, then neither of you have a leg to stand on. ROW issues don't really apply on private land where only one party is involved AFAIK so you need to negotiate a proper arrangement with him or his successor......and get it written into the deeds.

[briggie]

he may have to " provide access " ..... i suppose its how you interpret that

[(RIP) PLANK]

i think it would be easier if you just shoot him, steal his house, then knock the two into one - sorted

[larson]

Originally Posted by PLANK

i think it would be easier if you just shoot him, steal his house, then knock the two into one - sorted

you would need to push the houses together as theres a drive between them... nice idea