Shared drive issue!

Shared drive issue!

Postby Gizmo321 » Sun Apr 23, 2017 9:57 pm

Hi All,

I am new to this forum as I wanted to post about this issue particularly.

As the subject matter suggests I have an issue concerning my shared drive (shared access driveway in between our properties leading to a single garage that each property has). My neighbour recently moved and the person who has bought it has rented it out to several people. On top of several other concerning issues not exactly related to this, they have completely taken over the shared drive, blocking access to my garage and blocking access via my back garden. They park 3, sometimes 4 vehicles along the complete length of the shared driveway and have on a number of occasions blocked me in and out of my own driveway which is located at the front of my property (they do not have a driveway at the front of their house).

I have raised the issue with the lettings agent as the landlord has asked me to go through the agent for any concerns relating to my neighbours and I have advised they need to remove their vehicles as the driveway is for access only. They have knocked into my gas meter, breaking the box surrounding it (not the meter luckily) and I am waiting for this to be fixed so this is also a major health and safety issue as far as I am concerned and they are in and out of the driveway several times a day.

Can anyone provide me with any help or advice please? Should I liaise with the landlord? I have tried speaking to the tenants but there is a serious language barrier.
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Re: Shared drive issue!

Postby Gizmo321 » Sun Apr 23, 2017 10:02 pm

I should probably add that it appeared that the word had got across to them as they did move all their vehicles on Friday afternoon but have, about an hour ago, moved three different vehicles back on to the driveway.

And yes, I have read comments on other threads and on other forums to say don't buy a property with a shared driveway and trust me, I never will again!
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Re: Shared drive issue!

Postby despair » Sun Apr 23, 2017 10:23 pm

firstly check very carefully all insurances ,mortgages,union memberships,credit cards
for legal expenses cover

2nd check with the council that the house has been registered for multiple occupancy

3rd tell the agent that the drive is purely a ROW and as such no one at all has any right to ever stop or park on it

4th insist on having landlords contact details and warn him that you will take legal action over the illegal blocking of the ROW

5th if you do not have legal insurance (mist good house policies include it and anyone sensible always ensures they have it these days ) then you will need to
take out an injunction against the landlord and include the tenants via the court

theres threads on here about members doing it themselves over blocked ROW and it costs about £150
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Re: Shared drive issue!

Postby jdfi » Sun Apr 23, 2017 10:56 pm

Be interesting to know if the landlord/agent have advertised it with off road parking.
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Re: Shared drive issue!

Postby Gizmo321 » Tue Apr 25, 2017 7:49 pm

Thanks for the replies.

I wouls be interested to know if it was advertised in that way too although I'm not sure I'll ever be able to find out for sure.

I just wanted to ask a couple more things.

The neighbours seem to be complying to my last email to the agent, almost. They seem to keep one vehicle parked on the shared drive although moved as close to their front garden as possible so half on the shared drive. They have been parking another vehicle in front of their home and another behind that one so half of the vehicle is on the drop kerb of the shared drive. I use this drop kerb to gain access/exit my own drive (I dont have a drop kerb in front of my own driveway, not because I don't plan on getting one but because my driveway is fairly new). Is it worth pursuing the agent to ask them to stop doing this? I dont want to come across as an annoying neighbour but surely they know this is not on??
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Re: Shared drive issue!

Postby jonahinoz » Wed Apr 26, 2017 9:01 am

Hi Gizmo,

Far easier/cheaper if you can persuade somebody official to do the chasing for you.

There are web-sites that will tell you if a vehicle is taxed, tested, insured, or SORN'd. (No insurance means the tax is void, and the keeper must declare SORN and keep the car off the road). Any contraventions, let DVLA know. In my day, they would always respond to reports from the public ... police reports for VED offences were subject to workload, but most were zealously dealt with.

Google PARKING DROPPED KERBS. I only recently learned that it is an offence to obstruct a dropped kerb ... even your own dropped kerb, unless you have permission from the council. It is usually dealt with by fixed penalty, but can be endorsable. Phone your council, and they should ask the man with the bag of tickets to keep an eye on things.

I understand that the police are not interested if you cannot enter you property, but should take action if you cannot get out.

It might be worth a letter to your local tax collector, if you think there is some sort of business operating from your neighbours house.

Are you in a "grooming" area?

602
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Re: Shared drive issue!

Postby mugwump » Wed Apr 26, 2017 12:37 pm

No insurance does not void tax
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Re: Shared drive issue!

Postby jonahinoz » Wed Apr 26, 2017 4:40 pm

No insurance does not void tax

Hi Mugwump,

Oh yes it does! Recent legislation required that if insurance expired, or was cancelled, the Registered Keeper must immediately remove the car from the highway, surrender the tax disc, and make a SORN declaration. The penalty notice that drops through you letter box will be a request for £80 (or is it now £100?) for failing to do a SORN.

More recent legislation absolves you from the need to return the tax disc ... cos you haven't got one. And nothing to remind you.

I don't wish to start a fire fight, so give me a few minutes to do a GOOGLE.

Here is the GOV take on the matter.... https://www.gov.uk/vehicle-insurance/uninsured-vehicles

IF YOUR CAR IS NOT INSURED, YOU MUST TAKE IT OFF THE ROAD AND MAKE A SORN DECLARATION. A car cannot be both taxed and SORN'd at the same time. It would be nice it GOV stressed that.

Sorry to go off-topic, but it may prevent one of our readers getting stung.

John W
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Re: Shared drive issue!

Postby mugwump » Wed Apr 26, 2017 6:26 pm

Doesn't void the tax though. There is nothing to stop you getting getting insurance after being picked up for no insurance. The tax will still be valid it does not get cancelled/voided.

Under your understanding if your vehicle gets removed due to no insurance then it can not be recovered from the pound until you get insurance AND tax. It doesn't happen that way. Tax is still valid, you just fall foul of the continuous insurance rules and SORN.

Tax is only voided when you declare SORN.


The lack of one of tax, MOT or insurance DOES NOT void either of the other two
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Re: Shared drive issue!

Postby Gizmo321 » Wed Apr 26, 2017 6:52 pm

Thanks again all.

Jonahinoz, excuse my ignorance but whats a 'grooming area'??
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Re: Shared drive issue!

Postby jonahinoz » Thu Apr 27, 2017 6:51 am

Hi Gizmo,

I sent you a PM.

John W
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Re: Shared drive issue!

Postby jonahinoz » Thu Apr 27, 2017 8:21 am

The lack of one of tax, MOT or insurance DOES NOT void either of the other two

Hi Mugwump,

I concede that you are probably right. I had assumed that as DVLA know when your insurance expires, they would void the VED. By not doing so, they are earning money due to a criminal act.

However, the Registered Keeper is liable for a £1,000 by having tax on an uninsured car.

I have opened a new title in GENERAL TOPICS, on the assumption that a car parked in your garage or garden comes under the general heading of Garden Law.

John W
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Re: Shared drive issue!

Postby Gizmo321 » Thu Jun 15, 2017 9:05 pm

Thanks all for your replies. Its been a long time replying I know!
The past month or two has been the same, although they are parking two vans, perhaps as a compromise (different vans every few weeks, they go through them like theres no tomorrow). After they reversed into my garage without so much as a sideways glance (I was stood right there) nevermind an apology, I have have ranted to the landlord who said he would speak to the agent and it would definitely be sorted. That was 2 days ago and they are still parking there. I am at the end of my tether. The agent is not replying to my calls for comoensation for the damage. I dont really want to go the legal route due to costs but have no choice.

What I am hoping someone can advise on is, and I am syre this is a no no but, can I build a wall/fence in the middle of the driveway? My deeds show a red border line around my property and through the middle of the driveway alrhough it does mention right of way access so I assume a wall would undermine that?
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Re: Shared drive issue!

Postby Gizmo321 » Thu Jun 15, 2017 9:07 pm

Also can I ask for clarification on what a ROW is? Does this mean that vehicles should never pass through it at all? If so surely a wall would be ok?
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Re: Shared drive issue!

Postby despair » Thu Jun 15, 2017 10:30 pm

a ROW. Is very simply a right to pass and repass ...there is no right whatever to stop or park ...its solely there to provide access to the garages

its wholly the responsibility of the landlord to sort things and bear the costs of damage
did you check if the house has been given Multiple occupation permit by the Council
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