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Joshua
Joshua, Lawyer
Category: Property Law
Satisfied Customers: 27102
Experience:  LL.B (Hons), Higher Prof. Dip. Law & Practice
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We have a semi detached house with a shared driveway,

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Hi, we have a semi detached house with a shared driveway, neither party requires vehicular access to garages and my neighbours have kept cars in the shared part for a number of years until recently now they only have one car, so we now park a car down the drive but still leave space for pedestrian access! Our neighbour has said that I’m no longer allowed to park a vehicle there and I wondered where I stood legally before i respond! Thanks
Assistant: What steps have you taken so far? Have you prepared or filed any paperwork?
Customer: No, we received a note from the neighbour and we have responded saying the same as above, obviously I’d prefer to avoid a legal dispute
Assistant: Where is the detached house located?
Customer: It’s a semi detached in Hornchurch Essex
Assistant: Anything else you want the lawyer to know before I connect you?
Customer: No that’s all thank you
Customer: replied 8 days ago.
I have a nice car and would prefer to park it up
The shared drive instead of the road and it doesn’t affect my neighbour at all
Hello,
I've been working hard to find a Professional to assist you with your question, but sometimes finding the right Professional can take a little longer than expected.
I wonder whether you're ok with continuing to wait for an answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question for you.
Thank you!
Nicola
Customer: replied 8 days ago.
that’s fine, thank you

Hello and thank you for your question. I will be very pleased to assist you. I'm a practising lawyer in England with over 15 years experience.

I am sorry to read of the above. May I ask if you have a copy of your title available detailing the shared access and also a plan you could upload? if you don't, not to worry I can comment generally without it.

Customer: replied 7 days ago.
Please see attached, thank you!

many thanks - they were extremely helpful. According to the title, it appears that each of you and your neighbour own half the width of the shared passageway between your two properties. It would appear that rights have been granted to each of you and your neighbour over your respective halves of the passageway so that each of you have a right to pass over the part of the passageway that you do not own.

This arrangement would therefore preclude any right to park on any part of the passageway, as this can operators what is called a " derogation of rights" - i.e. an interference with a legal right of way. Accordingly I regret that your neighbour can ask that you do not park on the passageway and you them in the same way. obviously there is nothing stopping either of you coming to an arrangement with the other allowing each other to park there by agreement.

I realise this is unlikely to be the answer you were looking for but I hope it at least clarifies the legal basis and gives you something solid which to work with to try and come to some sort of arrangement with your neighbour

Does the above answer all your questions? If it does, I should be very grateful if you would kindly take a moment to rate my service by selecting the 5 stars at the top of the screen before you leave JA today. Your feedback is important to me. If there is anything else I can help with please reply back to me though

Joshua, Lawyer
Category: Property Law
Satisfied Customers: 27102
Experience: LL.B (Hons), Higher Prof. Dip. Law & Practice
Joshua and 4 other Property Law Specialists are ready to help you
Customer: replied 7 days ago.
Thank you Joshua, that's extremely helpful!

Much obliged. Many thanks