Shared Driveway - Right of Way - Deeds and Trespass

[EuroTrotters]

So,

If anyone could help with their advice please?.

Take a look at the simple drawing attached.

The original plans for the four properties was this.

Each owner has shared access to their property via the shared driveway/easement.
Each would be responsible for the renewal and repair of one 1/4 of the driveway/easement if and when required.
Each owner also had individual ownership of a small strip of land adjoining the easement facing their property approximately 12meters / 80cm each *
Each owner had to keep entrances to the drive open, mainly laid to lawn with no posts, walls or gates.

Is it therefore possible for owner number 4. To;

Without Notice to the other property owners, write his share of the driveway/easement out of his deeds.
Even with or without notice, then be able to cross or use that section of the easement driveway. In a bid to maintain their piece of land *.


If anyone is unsure of what I mean or has any questions, please ask. I really would appreciate some advice on this.

 

[EuroTrotters]

 

[DBK]

I guess they could write it out but if they then start using the road then they are commiting a trespass. I don't think they could claim any right based on previous usage as that was done when they had a maintenance obligation. However, by writing it out they increase the maintenance burden on the remaining households so I'm not sure they can do this. Shades of the Brexit divorce bill here.

Are they trying to sell their house or is the road in poor condition and may need work?

You know the real answer of course, legal advice from a proper solicitor.

 

[Chris]

So has he transferred his bit of the driveway to someone else?

Not sure how else he could “ write “ it out of his deeds?

 

[sueandjohn]

He probably can’t . The easements and rights of way will be written into the land registry documents . But seriously don’t take advice off a forum if it’s serious. You can get the land registry documents for a few pounds each and check them

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[Ivory55]

I must admit we have always avoided anything shared. Friends had a shared access road and all the hassle of you have more cars than me so are wearing the road out more etc etc. No thanks.

 

[EuroTrotters]

I guess they could write it out but if they then start using the road then they are commiting a trespass. I don't think they could claim any right based on previous usage as that was done when they had a maintenance obligation. However, by writing it out they increase the maintenance burden on the remaining households so I'm not sure they can do this. Shades of the Brexit divorce bill here.

Are they trying to sell their house or is the road in poor condition and may need work?

You know the real answer of course, legal advice from a proper solicitor.

No, We have had issues for many years. They have independent access to the Main Street double the width of ours for their drive access. As such, he tries to make it difficult for me to access with our motorhome.

So has he transferred his bit of the driveway to someone else?


Not sure how else he could “ write “ it out of his deeds?

Not as far as I know. Still uses / crosses it to maintain gras and recently put weed killer on his (or not his?) section.

He probably can’t . The easements and rights of way will be written into the land registry documents . But seriously don’t take advice off a forum if it’s serious. You can get the land registry documents for a few pounds each and check them

Been backwards and forwards with his Solicitor. He makes us out to be the bad guys. Short and tall of it, he's just a jealous, spiteful old man (ex motorhome/caravaner too).

I must admit we have always avoided anything shared. Friends had a shared access road and all the hassle of you have more cars than me so are wearing the road out more etc etc. No thanks.

Yes, avoided buying a house in Spain with shared driveway for the same reason. NEVER EVER AGAIN

 

[pappajohn]

I'm under the impression you have a right of access for maintenance.
If this is the only access to his grass he's within his rights to use the road.
If there's any other means of access he has no right of access.
But I'm not a property solicitor.

 

[Chris]

I think as was said above you need to check his title at the Land Registry.

 

[Steve and Denise]

A friend of ours had a similar problem and really there was only one quick way to sort it out, this was not within the law but could see his frustration after trying most legal routes,
You can get a copy of what he owns from Land registry about £3 once you have that in your hand knock on his door and try to reason with him.

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[EuroTrotters]

I'm under the impression you have a right of access for maintenance.
If this is the only access to his grass he's within his rights to use the road.
If there's any other means of access he has no right of access.
But I'm not a property solicitor.

Maybe, but not to use weedkiller on it.

I think as was said above you need to check his title at the Land Registry.

I have a copy, makes little sense. Does not detail covenants

A friend of ours had a similar problem and really there was only one quick way to sort it out, this was not within the law but could see his frustration after trying most legal routes,
You can get a copy of what he owns from Land registry about £3 once you have that in your hand knock on his door and try to reason with him.

I have tried that more Than 15 times.

Ive sent him letters, he sent me a solicitors letter. Etc etc.

 

[TheBig1]

as I understand it, He can not "no longer own" the portion of land, but can transfer ownership to other parties with their consent. If he still maintains the piece of land, this implies ownership

It depends on how the deeds are written as to can you enforce the deed so he has to pay for the upkeep of the access road

 

[EuroTrotters]

I think as was said above you need to check his title at the Land Registry.

A friend of ours had a similar problem and really there was only one quick way to sort it out, this was not within the law but could see his frustration after trying most legal routes,
You can get a copy of what he owns from Land registry about £3 once you have that in your hand knock on his door and try to reason with him.

His is the Red Outline


His is the red outline

 

[TheBig1]

controversial but have you offered to buy his part of the access?

 

[The Wino]

I think you need to talk to the other owners and discuss it. If he doesn't want to maintain or use the driveway it might be better for the 3 of you to take over/buy his share and split the costs 3 ways rather than 4 it won't make a big difference to the costs and you will be rid of him as an annoyance

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[The Wino]

controversial but have you offered to buy his part of the access?

Beat me to it!!!

 

[EuroTrotters]

controversial but have you offered to buy his part of the access?

He wouldn't do that. He would lose control over the situation.

His main goal is restricting access to the other users of the drive. As I mentioned, he has unrestricted access, twice as wide almost from the Main Street.

He has fallen out with two of us over it.

Short and tall, He wanted our plot, his wife wanted the one they have, She won!. When we moved in, he said the plot was a bit small for his needs anyway. They had a motorhome, then a caravan.

Then, two further things happened. The house build bequeathed us an extra piece of land. That and his wife made him sell the caravan. His dream being to spend winters in Spain when he retired.

So, I live in the house he wanted, have the space he wanted, the lifestyle he wanted.

So, now, he's the green eyed monster. Will try anything he can to make my life difficult.

From overgrowing bushes, building walls and posts and adding rockeries at the mouth of the drive. he will try anything.

 

[rangi]

No way can he or any of you obstruct the ROW .
If you have house insurance. is there free legal service given, as part of the deal?

Get together with the other two? affected and work out a stratigy, .
I had 8 years of this kind of bollacks, Ignore him, until he actually blocks the ROW. Let him go to the Solicitors every time he does it is costing him money. If he blocks the ROW you have the right to remove it. Boulders gates wires whatever, he is not allowed to put anything, even if his car overhangs the drive, he is not allowed to stop you in any way from using the registered ROW.

 

[EuroTrotters]

I think you need to talk to the other owners and discuss it. If he doesn't want to maintain or use the driveway it might be better for the 3 of you to take over/buy his share and split the costs 3 ways rather than 4 it won't make a big difference to the costs and you will be rid of him as an annoyance

Beat me to it!!!

See above.

And just to add. House 2 is almost at the entrance, Only have a small car. Will not get involved. House 3 has had issues with Utility companies gaining access and delivery companies.

Both houses 2 & 3 have had letters detailing the issues but are old and frail. Just want an easy life.

 

[Oldbob]

What ever happens, he cannot stop you having access to your property, he could sell the land, but you would still have a right of access over that land, so it would make it worthless.

I would seek guidance from a conveying solicitor, they would give you half hour free usually I have found, where ever in the world I am I have always used Trethowans in Salisbury, they have their own specialists that deal with one part, and I have never lost yet !

Or just send him letters as solicitor letters aren't cheap, he may see sense and talk instead ! Ask him to sell you and your neighbours his part of the access up to his fence, then he has no need to go on the land at all, then the drive and cost of repair is shared 3 ways.

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[TheBig1]

Just remind him he can't sell his property without detailing the neighbour disputes (By Law). Even when he dies, his family will struggle because of his actions

 

[EuroTrotters]

Just remind him he can't sell his property without detailing the neighbour disputes (By Law). Even when he dies, his family will struggle because of his actions

I have been duly informed that if they do die, one of the family is moving in to make my life even more difficult.

Makes me laugh when people make threats.