Shared Driveway issue

[slewis1972]

Dear All

Need some advice. We have a shared driveway that leads to a garage (we both have) at rear of properties.

Our neighbour has regularly parked on their side of the shared driveway. Its not annoyed us fully as we dont tend to use the garage but we now need to with my sons car. We also have 2 spaces at front of our property were we paved part of front lawn hence why we dont tend to use the shared driveway. Due to the width of the shared drive way there is no way to go down if our neighbour is parking on their side.

I have got a copy of the title deads and does not mention specifics ref the shared driveway. So assume common law, Highway act etc applies, you cannot block or park on a shared driveway. Is this correct?

We plan to talk with the neighbour (who happens to have 3 elderly kids at home who are also parking on shared driveway) but we need to make sure we have all information to hand.

Any advice appreciated.

[atticus]

Have you spoken with your neighbours about this?

[slewis1972]

Hi, as I said we plan to. The key for us is to make sure we have all the facts (legal etc) at hand. hence advice.

[atticus]

Are you sure that there is nothing in the Land Registry title document for your property about rights of way that may benefit your property or to which your property may be subject?

Have you looked at the Land Registry title document for the neighbouring property?

[dslippy]

If nothing is said then you are back to the common law principle that a right of way is a right to pass and to repass, but not to park.

As Atti said, have you spoken to them about this?

[slewis1972]

Hi
As I initially said and replied - not as yet , we wanted to get all the information in place. Probably ask wife to chat to owner (also single female).

Title Plan, just shows outline of property with a line down the centre of the driveway.
Title register, only statements ref rights include lines:

The land has the benefit of the rights granted by but is subject to the rights reserved by the Transfer dated 6 December 1974 referred to in the Charges Register.

and as retracted screenshot.

Unless there is another document I need to get but these were only ones available.

I will look at title documents of other house though but based on a conversation I just with a house owner up the street who I know well they reckon its the same.

[slewis1972]

checked neighbours title docs - same as mine ref statements

[atticus]

By reference to the driveway, where is the boundary line?

[slewis1972]

Hi, as attached, straight through the middle of the shared driveway.

[atticus]

Thank you. Does this mean that a vehicle parked on this drive is in part parked on your land?

[slewis1972]

Hi, as per pic from google maps. The dark car in picture is on the shared driveway, blocking one side and there is no space to pass without hitting wing mirrors etc.. The white car is on our land as we added in some extra space/concrete base.

So, the central part is the shared driveway, where the red light runs through on previous pic

Added extra pics as you can see, subject to the vehicle they park, it overlaps the centre line as stated on boundary map on the shared driveway. They would always have to exit their vehilce (if driven in) onto our side of the boundary line,

[slewis1972]

Hi, if ther eis any further opinion its appreciated. I have contacted the original developer to see if there is any other docs they gave buyers on the matter. Just keen to has as much info at hand before we speak with neighbour.

[atticus]

I think it has been established that the vehicle is parked partly on land which belongs to you.

[MIKE770]

get onto the neighbour,

[sandfordboy]

Gently does it ! Ask the neighbour ... From the legal documents I have it seems your vehicle is parking across the centre boundary of our shared driveway & partly on my property? Do you believe you have any right to park on my property? and if so please would you confirm how you believe you have a right? Post up the response ??