Giantvanman
MB Enthusiast
My understanding, limited as it is to listening to friends with shared driveway problems is that the driveway is sacrosanct. Although technically the drive is divided in two along your/neighbour's boundary line, nothing, not even a wheely bin or a plant pot is allowed to be on the driveway because it causes an obstruction for the other party.
Edit; No doubt you will have done some research already but the first search found this (bottom of page) http://www.boundary-problems.co.uk/boundary-problems/openplan.html
Edit; No doubt you will have done some research already but the first search found this (bottom of page) http://www.boundary-problems.co.uk/boundary-problems/openplan.html
pipmk
Active Member
What do your deeds show? Any plan in the deeds is probably essentially worthless as the lines drawn can cover a metre or more.However there may be some fixed points shown that might help such as utilities. A written detail is your best guide.
What is your loss if the neighbour does encroach? Is a shared drive a common feature in your road? How much are you prepared to spend both in monies and emotion to defend that which you believe to be yours? Lawyers get fat on boundary disputes.
What is your loss if the neighbour does encroach? Is a shared drive a common feature in your road? How much are you prepared to spend both in monies and emotion to defend that which you believe to be yours? Lawyers get fat on boundary disputes.
automaniaman
MB Enthusiast
A polite word with your neighbour might be a good starting point....failing that boundary details are normally held by the land registry.
Diagrams were 1961 so not that explicit, as you would expect. Land Register holds it, on the deeds. Guessing there are no gaps?
Neighbour a very nice man... trust? No.
Did the social bit... but looking at options... He does tend to push the boundaries
J.
Neighbour a very nice man... trust? No.
Did the social bit... but looking at options... He does tend to push the boundaries
J.
Giantvanman
MB Enthusiast
^This is as much true for your neighbour as it is for you. How's your poker face?
John Jones Jr
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Simply, it's a legally binding agreement.
Mike Walker
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Consult a Solicitor as all other advice will be "opinion" and, whilst welcome, won't get you far. Seek quotations for the advice you need and then decide what to do.
As someone else said you may wish to consider cost and emotional impact before you act.
Trust me neighbourly disputes have no winners except the legal eagles.
As someone else said you may wish to consider cost and emotional impact before you act.
Trust me neighbourly disputes have no winners except the legal eagles.
John Jones Jr
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Must agree, the situation should be clarified by a solicitor.
It's not a question of winners, it's simply a question of legal entitlement which is worth disputing if it comes to it. What's important is the way the dispute is handled even with a solicitor involved.
At the end the drive there are 2 garages at an angle. As I understand it the covenant covers deed of passage of that area.
His intention is to extend his house over part of that area.
My concerns are.
As and when I decide to sell this house I have a covenant that can't be enforced.
When searches are done that will flag up...
J.
His intention is to extend his house over part of that area.
My concerns are.
As and when I decide to sell this house I have a covenant that can't be enforced.
When searches are done that will flag up...
J.
Giantvanman
MB Enthusiast
This was the exact same scenario a friend of mine had a while back. The neighbour can only build on/over the drive illegally (and be taken to court) or with permission- I would think the covenant would have to be altered.
https://www.gov.uk/get-information-about-property-and-land/copies-of-deeds
Land Registry Documents | Official Copies of Title Documents Online
Hi J....for your neighbour to build he must apply for planning permission with your local council...that is the time to act.....once u see his plans u can put in an objection to the planning office if it enchroches on your land.......even if it dosent u may be able to object on other issues such as overlooking your property etc.....so dont be rash and cause a neighbour dispute which as u know will affect any future sale......
mattc
MB Enthusiast
As others have said clearly you need to find the legal position.
He has made a request and you are, presumably, politely going to say "no thank you". This is not a dispute. As of now I would make a record of any conversations. Might be best to reply to him in writing too. You may need to show an evidence trail; one that shows you have been polite, reasonable and considered may will hold more sway.
So the crux becomes can he force a legal change against your wishes?
Good luck heading this off at the pass.
He has made a request and you are, presumably, politely going to say "no thank you". This is not a dispute. As of now I would make a record of any conversations. Might be best to reply to him in writing too. You may need to show an evidence trail; one that shows you have been polite, reasonable and considered may will hold more sway.
So the crux becomes can he force a legal change against your wishes?
Good luck heading this off at the pass.
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If he builds or attempts to build outside the agreed planning consent then he will be in breach of the planning regulations and could well be forced to demolish or at least amend the build.
Ideally though you do not want it to get to that stage, if has planning consent then why is he trying to circumvent that and build outside it?
Perhaps a quiet chat saying that you think "his" proposed plans are a little off as they do not match those he submitted and were consequently passed by the planners. At least he will know that you are aware of what he is trying to do.
If he will not see sense then you need a solicitor on the case ASAP, check your house insurance policy, bank account etc, as some provide legal advice and cover for some situations.
Stratman
MB Enthusiast
I don't know if it's still the case but when I sold my last house, one of the questions asked by the buyer's solicitor was "Have you had any disputes with a neighbouring property owner or occupier?", or words to that effect.
Bernie36968
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Just a tip from somebody who has had a bit of experience of a similar dispute in the past.
Go out now and take dozens of photos from every possible angle of every square inch of the land that my be in dispute and the surrounding areas.
Do it when your neighbour is out and don't tell anybody that you are doing it. Then put them away.
This will benchmark the situation as it is now, hopefully you will never need them but if you should you have the 'before' photos.
If the garages are yours, park your cars in front of the garages when taking your photos to symbolise your ownership of the space. If you have kids put them in the pictures along with their bikes, toys etc. Its all symbolic if it should have to go to court
Go out now and take dozens of photos from every possible angle of every square inch of the land that my be in dispute and the surrounding areas.
Do it when your neighbour is out and don't tell anybody that you are doing it. Then put them away.
This will benchmark the situation as it is now, hopefully you will never need them but if you should you have the 'before' photos.
If the garages are yours, park your cars in front of the garages when taking your photos to symbolise your ownership of the space. If you have kids put them in the pictures along with their bikes, toys etc. Its all symbolic if it should have to go to court
