What can I do to establish their right of access and use of the driveway? | LawHive - Solicitors & Lawyers Online
What can I do to establish their right of access and use of the driveway?
I have an issue with the shared driveway at my home. I moved into the house a few years ago as a new build, the deeds were originally held by the conveyancer who now says they don’t have them. I have downloaded the title from HM Land registry but it doesn’t give any details of easements or responsibility for maintenance of the driveway, just the boundary lines. I need to use the driveway for access to my property and would like to use part of the driveway to access my garage. I was advised by the builders that this area was the ‘turning circle’ but shortly after my neighbours moved in they parked one car in the turning circle. Two additional adults have since moved in and therefore two cars now park in the turning circle and prevents me from being able to park in front of or use my garage. (I could use a different part of my property to park but I want to be able to use my garage and the plug point to charge my hybrid). The neighbours have agreed that I have a right of access over the turning circle and the driveway but that simply means allowing me one car widths access onto my property and have suggested that I park elsewhere. This issue has ruined what was previously a good relationship with the neighbours and is a constant source of upset to me to the point where I am considering moving house or building a new garage with power point. 1. Are the neighbours right about them being able to park in the turning circle? 2. If I move house will there be a problem regarding the lost deeds confirming right of access? 3. I have always presumed that I will be liable for 50% maintenance costs for the driveway that I use, but with no deeds or good relationship with the neighbours, do you have any advice on how to formalise an agreement. 4. The neighbours have installed CCTV and have themselves confirmed that they can see onto my property, what grounds do I have to ask them to either remove / re-position one of the cameras that points towards my property? I suspect they have installed the camera and angled it in such a way that they are able to prove that I have sufficient access onto my property. Thanks!

Anonymous

3rd April 2022

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