Shared drive issue!

Re: Shared drive issue!

Postby MacadamB53 » Thu Jun 15, 2017 10:53 pm

Hi Gizmo321,

can you share the wording from the title register entries which describes the ROW please.

Kind regards, Mac
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Re: Shared drive issue!

Postby jdfi » Fri Jun 16, 2017 6:54 am

Gizmo321 wrote: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?


How wide is it? Can you put your wall up and both sides still drive to their garages?
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Re: Shared drive issue!

Postby Gizmo321 » Tue Jun 20, 2017 9:21 pm

Hi Macadam,

There is not much about it to be honest apart from an extract dated 1980 to say that next door (who I share the driveway with) have granted us access rights to the driveway. It states driveway not row and thete is no mention of what sort of access i.e. vehicular/pedestrian.
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Re: Shared drive issue!

Postby Gizmo321 » Tue Jun 20, 2017 9:22 pm

Hi Jdfi,

Its not wide at all, getting one vehicle through is a squeeze so with a wall vehicles would in no way be able to pass unless it was a bike!
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Re: Shared drive issue!

Postby Collaborate » Tue Jun 20, 2017 10:52 pm

jonahinoz wrote: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


A bit off topic, but insurance is invalidated by lack of either MOT or tax.
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Re: Shared drive issue!

Postby mugwump » Wed Jun 21, 2017 6:36 am

No it doesn't. There is no legislation that does that. You can, and a lot of people do, keep their insurance on SORNd vehicles to cover theft,fire etc.
SORNd vehicles do not have current VED and probably have expired MOT.
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Re: Shared drive issue!

Postby Collaborate » Wed Jun 21, 2017 7:09 am

To my knowledge all insurance policies state very clearly that if your car does not have an MOT or road tax you are not covered in the event of an accident. It is not a piece of legislation.

Such policies as you refer to in your post do not allow the vehicle to be driven on the road without being properly MOT'd and taxed.
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Re: Shared drive issue!

Postby jdfi » Wed Jun 21, 2017 7:16 am

Gizmo321 wrote:Hi Jdfi,

Its not wide at all, getting one vehicle through is a squeeze so with a wall vehicles would in no way be able to pass unless it was a bike!


From the information given I would say no, you cannot.

The ROW must be left clear at all times in order for a vehicle to pass (to either garage).

Time to instruct solicitors.

If you dont, you will find that your house will be unsellable and that you'll end up settling for 50% of its value at auction.
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Re: Shared drive issue!

Postby MacadamB53 » Wed Jun 21, 2017 10:46 am

Gizmo321 wrote:Hi Macadam,

There is not much about it to be honest apart from an extract dated 1980 to say that next door (who I share the driveway with) have granted us access rights to the driveway. It states driveway not row and thete is no mention of what sort of access i.e. vehicular/pedestrian.
please can we see the wording
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Re: Shared drive issue!

Postby Gizmo321 » Sun Jul 02, 2017 6:06 pm

Apologies 'despair', it is in the process of being investigated by the council. I dont hold out much hope though as I understand from others in same borough in similar situation that the the council have told them its not multiple occupancy as they are from the same family. I imagine this is what will happen in this case. Despite there being around 15/20 people living in there, 3 under the age of 10. Now they are telling people they cant park in front of their house and are blocking access by putting a bin there!
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Re: Shared drive issue!

Postby Gizmo321 » Sun Jul 02, 2017 6:08 pm

And I will definitely be instructing solicitors.
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Re: Shared drive issue!

Postby Collaborate » Mon Jul 03, 2017 7:48 am

Multiple occupancy does not exist just because numerous people live there. It all depends on whether or not there is one tenancy agreement, or multiple agreements.
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