Shared drive serves semi-detached houses: now blocked

Collapse
X
 
  • Filter
  • Time
  • Show
Clear All
new posts

    Shared drive serves semi-detached houses: now blocked

    Hi

    hope someone can help. The property I rent out is a semi detached with a shared short and narrow driveway. The deeds state that this is shared with a right to park. The tenancy agreement repeats this. But - There is not enough room to park two cars side by side, just one infront of the other. The next door neighbour has complained to me that my tenant is blocking her in on a regular basis and this has turned into quite a spat between them. As both have the right to park, I cant tell my tenant he cant park there. If they wont communicate sensibly I am stuck as for what to do next? Can anyone give me guidance. Thanks.

    #2
    Originally posted by Softouch View Post
    Hi

    hope someone can help. The property I rent out is a semi detached with a shared short and narrow driveway. The deeds state that this is shared with a right to park. The tenancy agreement repeats this. But - There is not enough room to park two cars side by side, just one infront of the other. The next door neighbour has complained to me that my tenant is blocking her in on a regular basis and this has turned into quite a spat between them. As both have the right to park, I cant tell my tenant he cant park there. If they wont communicate sensibly I am stuck as for what to do next? Can anyone give me guidance. Thanks.
    1. I assume that you own the house freehold or long leasehold.
    2. The title deeds govern the legal position between you and neighbouring owner. Your sub-letting does not affect this.
    3. Where is the parking space allocated? Is the problem that:
    a. the space in use by one owner must inevitably block the drive access easement by the other; or
    b. only one house-owner's car can be parked at a time?
    4. Either way, is the right to park is in conflict with the easement?
    JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
    1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
    2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
    3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
    4. *- Contact info: click on my name (blue-highlight link).

    Comment


      #3
      Hello Jeffrey

      thank you very much for your reply. Yes I own it freehold. The driveway is at the front of the properties right in the middle of the two houses. Both properties are semis, they arent joined together, the drive is in between the two sets of semis. At either side are steep gardens so it wouldnt be easy to widen the drive at all. Two cars could be parked on there one behind the other. I managed when I lived there but I got on very well with the then neighbour. The police have been called several times and have offered mediation. Both neighbours have refused it and I keep getting letters and phonecalls from both parties. I would like to leave them to it, and indeed have tried. My tenant isnt the best but generally pays the rent (currently on a nsp though).

      I guess the right to park is in conflict with the easement as whoever parks at the top of the drive cant get back out if the other parks behind. But the occupiers cant park on the main road in front and there is no vehicular access to the rear.

      Thank you again.
      Last edited by Softouch; 15-04-2008, 18:26 PM. Reason: to fully answer a question asked.

      Comment


        #4
        Hard to give simple answer. Easement for vehicle access clashes with easement to park. Possibly the approach could be:
        a. access is more important than parking (and one couldn't park without the access availability) so access overrides parking; or
        b. use legal rule that later provision overides earlier provision in SAME deed (if both rights were created by it).
        JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
        1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
        2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
        3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
        4. *- Contact info: click on my name (blue-highlight link).

        Comment

        Latest Activity

        Collapse

        • Reply to Terrace Row Alleyway ISSUES!
          by Lawcruncher
          Not necessarily. If easements are noted then that does indeed confirm the position. However, the absence of any note of easements is not confirmation that none exist.The Land Registry says: Easements over registered land that have arisen by implied grant or reservation or prescription do not have to...
          23-09-2021, 21:36 PM
        • Terrace Row Alleyway ISSUES!
          by Charlesstunts
          This subject must come up quite often! I inherited my father's house which is mid terrace and have managed it since 2012. It's the 3rd house from the end of the terrace and as long as I can remember the alley way at the back of the terrace stopped at the 2nd house in from the end. Photographs taken...
          07-06-2021, 18:00 PM
        • Reply to Terrace Row Alleyway ISSUES!
          by Kape65
          A simple check of the register will solve the problem. I have a similar house with access given to all properties in the block, 3 to the left of the alleyway and 4 to the right.
          23-09-2021, 19:59 PM
        • Reply to Terrace Row Alleyway ISSUES!
          by Tipper
          What does the title state about the alley and what does the title plan show?
          23-09-2021, 19:47 PM
        • Reply to Terrace Row Alleyway ISSUES!
          by Lawcruncher
          The position is as described by Pilman in post 2. It is very difficult indeed to abandon a right of way. Erecting a fence is not enough.

          If the position is the very common one of old terraced houses backing onto an alley, a right of way for each house is going to have been granted or arisen...
          23-09-2021, 08:02 AM
        • Reply to Terrace Row Alleyway ISSUES!
          by Charlesstunts
          It's a very good point. My house is 3rd in from the side road and end terrace house. His is 2nd in from end house and side road. SO why go to all this trouble for access to his garden (for the builders) if the shortest route would be from the end terrace house which already has vehicle access from the...
          23-09-2021, 01:42 AM
        • Reply to Terrace Row Alleyway ISSUES!
          by Charlesstunts
          So my tenants called me over the weekend in a state of Alarm! The neighbour has decided to cut through the 2 posts holding my gate in place and remove it. leaving my garden open to the public. He's stolen the lock of the gate, cut into my fence and installed a new gate into his garden. ALL IN THE MIDDLE...
          23-09-2021, 01:13 AM
        • Reply to Selling flat and transferring RTM membership?
          by ram
          Regarding Rmc ( resident Managing company) -- who will always hold the freehold, your share certificate is returned to the RMC ( or agent ) and a new certificate is issued in the new owners name ( and with the same number on it [ Cant have more shares issued that there are flats]).

          so
          ...
          22-09-2021, 21:38 PM
        • Selling flat and transferring RTM membership?
          by Skins
          Hi all

          First post and so apologies if it's in the wrong section but wonder if anyone could help?

          I'm in the process of selling my leasehold flat and we have a RTM company with one director, who as he is experienced in property, deals with the maintenance etc and we have no...
          21-09-2021, 10:19 AM
        • Freehold and Leasehold on potential property purchase help !
          by Charmingman
          Hi all in a bit of Dilema on a property Purchase so the Property we are looking to buy was advertised by the estate agents as Freehold and we liked the home so proceeded further , Now issue is that my Solicitor when doing the Checks Etc sent me Docs from the HM LR showing sections A B and C . A section...
          04-09-2021, 15:09 PM
        Working...
        X