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UKSolicitorJA
UKSolicitorJA, Solicitor
Category: Law
Satisfied Customers: 4312
Experience:  English solicitor with over 12 years experience
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I have a joint driveway with my neighbour. Am I entitled to

Customer Question

I have a joint driveway with my neighbour. Am I entitled to have deliveries made where the delivery driver parks on the shared part? I also run a child minding business but in my deeds it clearly state that if the business is not "retail or manufacturing" I can run a business. For the safety of children I would like parents to drop and pick up on the drive. Neighbours don't like this either.

Submitted: 3 years ago.
Category: Law
Expert:  UKSolicitorJA replied 3 years ago.
Hello,

Please could you set out here what exactly your deeds say about the driveway e.g. ownership, access etc.
Customer: replied 3 years ago.

Not to obstruct any part of the common access if any. To contribute a fair proportion of inspecting maintaining and renewing the service installations. Not to park any caravan boat trailer or vehicle on the property so as to be visible from the estate roads.Not to use the property for any purpose other than as a private dwellinghouse and not to carry on any trade business or manufacture on the property nor permit the property to be used for the purpose of an accessway to adjoining land.


 


I cant find anything else written down.

Expert:  UKSolicitorJA replied 3 years ago.
Thank you.

I am afraid the deeds say that the property should only be used for residential purposes (private dwellinghouse), a child minding or any other business is not permitted.

The deeds also say that the driveway should not be used for parking so if the delivery driver simply comes up the driveway to make the delivery and then goes away, that is fine as it is not parking, but if he stays on the driveway for longer than necessary with the engine off, there could be an argument that they are parking on it.

I would suggest that you try and speak to your neighbours to amicably sort this out otherwise you will be at loggerheads with them forever.

May I help further? Please leave feedback
Customer: replied 3 years ago.

Surely childminding is not classed as retail or manufacturing?

Expert:  UKSolicitorJA replied 3 years ago.
"Not to use the property for any purpose other than as a private dwellinghouse" is the crucial restriction.

Sorry, but I am only able to advise you truthfully.

Customer: replied 3 years ago.

Thank you.

Expert:  UKSolicitorJA replied 3 years ago.
Welcome. Please leave feedback