Building on a Shared Driveay

[ScotP1986]

Hi there

We moved into our 1930’s semi around 2 years ago and it has a narrow-ish driveway sandwiched between our house and the neighbours. The driveway widens at the back where there were originally two garages, one for each property but the previous owners of our house demolished ours and the neighbours still stands.

we would like to build a small lean-to extension on the side of our house but our neighbours say it’s a shared driveway. I have looked at both of our title deeds and title plan and can’t find any reference to any rights of way or easements. The title plan shows the red boundary line as running down the middle. All other houses on the street have walls or fences splitting their driveways.

the previous owner of my house and neighbours did recently jointly pay to have the entire driveway block paved and the conveyancing forms note the house as having a shared driveway.

Given there is nothing within the title deeds and the title plan shows a clear boundary line, I am wondering whether we do indeed have a shared driveway or not? The neighbours have lived there for more than 20 years so I’m concerned if they have established a prescriptive easement.

just to add, no one parks between the houses as we have a driveway each at the front of the house. It’s basically a ‘T’ shape. Occasionally a relative of theirs might park there for example staying for Xmas but 99% of the time it’s vacant and neither of us store anything on the drive.

many thanks.

[atticus]

You are going to have to be clearer about these "conveyancing forms".

I think you need to consult a solicitor, with all relevant documents. The fact that previously there were garages at the back suggests a shared right of way and that each side has an easement.

I can see arguments on both sides arising from the sharing of the cost of the new paving.

[ScotP1986]

Thanks Atticus. The conveyancing form I referred to is the Law Society TA6 form (upto date information regarding the property). Thanks.

[atticus]

A bit more context please: which question, and what was the exact reply?

[ScotP1986]

Section 8 (Rights and Informal Arrangements):

8.1 Does ownership of the property carry a responsibility to contribute towards the costs of any jointly used services, such as maintenance of a private road, a shared driveway, a boundary or drain?

Answer: Yes, shared driveway.

8.2 does the property benefit from any rights or arrangements over any neighbouring property (this includes rights of way)?

Answer: No.

thanks.

[Crazy council]

Is it the only route to the rear garage and would your extension block it If so, they and you probably have some right to access the rear unobstructed

But, if all the other houses have dividing walls running down the drives, then yours is prob just a friendly agreement,

Check your deeds with the land registry versions, if they show a divider, and theres no covenet or easement on the deeds, you can probably do it.

[ScotP1986]

It is the only route to the garage and the proposed extension would run to centre boundary line. They could still access the garage albeit a narrower access path and could get a vehicle up there. Attached is title plan (we’re no 73).

[ScotP1986]

*could NOT get a vehicle up there.

[atticus]

Based solely on this thread, I think you and your neighbour probably each have a right of way over the whole of this driveway to gain access with vehicles to the rear of your properties.