Shared driveway obstruction

[Hyperion]

Dear all.

Looking for some advice regarding a shared driveway. Groan.

I live in a property that shares the top of a driveway. The plans for the estate show that my plot, 77 (in a red circle) has right of way over plot 78:

https://drive.google.com/file/d/1Dv0...ew?usp=sharing

The adjacent property to plot 78, whose driveway is highlighted in yellow is usually free at the top, and a car could leave by driving over the top of the driveway to reach the highway. This is only because the person living there has never said anything about anyone doing this. There is no right of way to cross their driveway. They could erect a fence for example along their boundary and stop this practice overnight if they wished, for example.

However my neighbour is constantly parking a car on the shared (black hatched) bit of the driveway, thus blocking the only exit from plot 77 or 78 unless one drives over the yellow area of the neighbours driveway. Often the owner of the house with the yellow driveway has visitors, parked rightly so on their drive wherever they see fit and it is therefore impossible to leave, without moving the obstructing car on the black shared bit. On occasion I have had no response to knocking on the door and have been forced to miss appointments etc.

I have looked at the land registry for both properties but cannot really see any mention of the shared driveway. This is however clear on the plans from when the estate was planned and built. It also makes logical sense that neither person should obstruct the share entrance/exit to both properties.

I have tried talking to the people in question, and for a while the behaviour stopped. But it is now starting again.

My questions to the leaglbeagles here:

1. Do I have a case to formally make them stop parking there given the right of way in the estate plans?
2. What is the best way to raise my case – my limited knowledge of the legal system suggests an injunction is the ultimate solution but is likely to require a long process
3. Is there any kind of interim solution / something less drastic I could do?

Thanks in advance to any responders!

Hyperion

[echat11]

Hi Hyperion

I can't answer directly, I'm sure other members will, some information that might help -

http://www.boundary-problems.co.uk/b.../openplan.html

[des8]

It seems to me that your conveyancer may have slipped up, as your RoW over plot 78 should have been the subject of an easement registered on the proprietorship register.

As it stands it is only a scribbled note on a builder's plan of the estate, and whilst it shows intention and need as access for you, without a proper easement thyere could be problems and disputes in future.

I would advise a chat with a solicitor, perhaps a free or reduced one off consultation to see what options you have.
Until you have certainty I would continue with the softly softly approach as you do not want to risk any aggravation.
They will still be your neighbours, and if you go down the court process you will not be swapping Christmas cards

[Hyperion]

Thank you both for the replies.

DES8 I think you are correct - the fact that the RoW is not mentioned on either proprietorship register is a bit of a gaffe. Equally the house was purchased in the early 80s, and the neighbours moved in around 4 years ago and have been doing this irritating behavior ever since. This was not a problem before their arrival. We have lived here for over 30 years and as such, if any historical RoW is needed to be demonstrated, this would be quite easy.

Since there is a need for a RoW or easement, as both parties have to use the shared bit of drive to come and go, does anyone have any advice about how one would go about this? Do the estate plans have any bearing in this decision? I have taken the advice of contacting some solicitors for opinions so hopefully things will become clearer.

Thank you both ECHAT11 and DES8.

[des8]

I would think you would need to register that right of way as acquired by right of prescription, but glad you are seeking professional advice
Land registry practice guide is here: https://www.gov.uk/government/public...y-prescription

[Ukmicky]

Many of these shared driveway easements are implied and don’t need to be recorded on the register for them to be legal and therefore burden and benefit successors in title . Original plans and similar situations with other properties on the estate can provide evidence of the intention of the estate developers .


Implied easements however can in some situations be hard to prove as they may require historical evidence no longer available therefore it may be simpler to claim a prescriptive right.