Private, Shared Easement (driveway) Trespass and the Law?

[EuroTrotters]

Hello,

Some help again please?.

So, the situation......

Four houses share a Private drive.

One of the home owners claims to have had their share taken out of his/her deeds as they do not need to drive on it, having alternative driveway access.

Thus leaving the remaining three property owners the responsibility of its maintenance and resurfacing.

HOWEVER!

For the fourth and former owner, he needs access across the aforementioned driveway to maintain the land they still own on both theirs and the small strip of land opposite the driveway.

How does that work?

Did the original 4th Shareholder need to notify or obtain agreement of bequeathment 25% of land given up/passed on?
Does he/she need the 100% agreement of the remaining three property owners?
Does he/she have any right of way, after claiming non shared ownership?
If so, again Does he/she need the 100% agreement of the remaining three property owners?
How would one enforce or notify the now non shareholder of easement of trespass?.

Any help appreciated.

TM

 

[CazPaul]

I didn't think he was allowed to have his share taken out of the deeds whilst he still owned the property.
I would get legal advice to question this, get your free half hour with a solicitor taken up on.

 

[Abacist]

Oh dear! I can see this becoming a big hole to fill with legal fees and court costs. Before you embark on personal cost I suggest that you arrange a meeting of the remaining 3 houses to discuss and agree the way forward and record the agreement in writing. If you all propose to dispute the actions of the fourth householder then I suggest that you all put money into an account to form a fighting fund to pay for the inevitable costs. Otherwise one poor soul is going to find themselves funding this action and you might have trouble recovering your costs from the others.

 

[Abacist]

I imagine that solicitors for both sides will argue but nothing will be resolved until the drive needs substantial maintenance and the three will pay for it and try to recover the share from the 4th house at which point it might go to court for a court to decide. Meantime you might all have trouble selling your houses!

 

[chaser]

despite all the ins and outs I don't think you would be able to stop him crossing it any more than any delivery driver

^{_{Subscribers  do not see these advertisements}}

 

[Abacist]

You will need to be clear and careful when giving instructions to the solicitors that they are acting for the three parties jointly so that you only bear one third of the costs.

 

[Pausim]

I would start by having a careful look at your own deeds to see who owns the freehold and how the repairing obligations are worded. You may find the maintenance obligations are separate from the rights of use and quite possibly something that gives you rights that the fourth owner can not walk away from.

 

[Southdowners]

I'd get together with the other owners and check all deeds, plans, etc. Then book an hour's consultation with a property lawyer to see exactly what the situation is regarding right of access, maintenance, etc and how to proceed. It may just mean you writing to the 4th shareholder and stating the case to him.

 

[Ivory55]

Probably be cheaper to shoot him. Haha

 

[gus-lopez]

despite all the ins and outs I don't think you would be able to stop him crossing it any more than any delivery driver

You fit an electric gate with remotes for the 3 owners
Deliveries only when an owner is present.

^{_{Subscribers  do not see these advertisements}}

 

[Puddleduck]

Get a copy of his deeds from the Land Registry. I don't think it costs a great deal, that way you can check if he is telling the truth about what he owns or doesn't and his rights and obligations over the land.

My son is in a similar position in that he owns the access road which serves to access the rear of the other (3) dwellings in the row of cottages. The owners of the cottage at the far end have blocked the road access at that end to prevent others in the row driving past his cottage. Legal action has got them nowhere but now nasty man is selling up and this blocked access is showing up in the searches .... the buyer has asked for a reduction in price as this will have to be solved.

 

[Pausim]

Legal action has got them nowhere but now nasty man is selling up and this blocked access is showing up in the searches .... the buyer has asked for a reduction in price as this will have to be solved.

That is a good point, any seller has to declare unresolved disputes affecting the land. This might be a good negotiating point with the reluctant fourth neighbour, if you point out that if he/she doesn’t sort the problem out they might end up with an unsellable property.

 

[TheBig1]

it depends on how the deeds are worded and when the shared access agreed. I would suggest that if the fourth homeowner owns his stretch of the road, because he has to maintain land beyond the road, then he cannot neglect and ignore his shared responsibility. he cannot absolve himself from a legally agreed obligation without consent of the other parties

as said, none of your properties can be easily sold till this is resolved. do you have legal cover on your home insurance? if so you would be well advised to call them

 

[pappajohn]

I always thought there was an automatic right of access across private land if it was for essential maintenance of a property.

 

[Silver-Fox]

I always thought there was an automatic right of access across private land if it was for essential maintenance of a property.

My understanding is as you say essential maintenance but to a building.
I don’t know if it covers cutting grass etc.

^{_{Subscribers  do not see these advertisements}}

 

[pappajohn]

My understanding is as you say essential maintenance but to a building.
I don’t know if it covers cutting grass etc.

Wonder how long before the other three start moaning when the patch of land becomes an overgrown eyesore.
I'm finding this a bit petty if he just want to push a bloody lawnmower across their precious tarmac.
As said, he will have problems selling due to a dispute.... But so will they.

 

[Pausim]

I'm finding this a bit petty

I don’t think it is petty. If he originally signed up to pay a quarter share of maintaining the roadway then I think the other neighbours have a legitimate concern, especially as he still seems to want to use it when it suits him.

 

[EuroTrotters]

@chaser The delivery driver would have business and therefore permission to be using the drive.

@Abacist & @Southdowners The 4th Owner simply wants to make life as difficult for me as possible (see below) The other two wanted to stay on the fence as it did not, at the time effect them. However, now owner 4 has tried restrict certain access for number 2 and they are unhappy. I feel number 2 should have made more of a point 15 years ago when number 4 started to be awkward with me.

@Ivory55 I am surprised he has got to his age in life

@gus-lopez I offered that solution in a different form to the aggressor, number 4. Refused.

@Puddleduck I will do just that

@Pausim I have already been told by number 4's family, in the event of their deaths, they will move in.

@pappajohn with written consent for building (thats in our deeds)

@pappajohn & @Pausim

The guy and his wife are a pair of spiteful old 4rseholes. They were the same where they lived before. They have bent and broken every line of the deeds and covenents, that they were fully aware of since they moved in. All in a wilful and spiteful manor to make my life awkward. She is the foulest mouthed old near 80 year old 8itch I have had the misfortune to meet in my entire life. Even resorting to using every expletive you can think of, in-front of our very young grandchildren.

The short, He wanted our house, did not get it. He had a Motorhome, she made him sell it, we were given land by the house builder, next to our house (the one he wanted).

Then, we got a motorhome and the shit really hit the fan.

He uses the his strip of land to try and make access very difficult. Build walls, placing rocks, post and planting overhanging conifers to restrict access.

Petty I hear you say?.

 

[gus-lopez]

With people like that there is only one answer................

 

[rangi]

What a waste of time, forget it, just carry on as normal. It's not worth getting yourself in a tizzy about it. You live cheek by jowl with your neighbours, sowing disharmony will just make everyone miserable and at each others throat. It will not be a happy place to be. Been there done that got the Tshirt.

^{_{Subscribers  do not see these advertisements}}

 

[Silver-Fox]

He uses the his strip of land to try and make access very difficult. Build walls, placing rocks, post and planting overhanging conifers to restrict access.

Any thing overhanging your property you are well within your rights to cut back to the boundary.
Just make sure you put the cuttings over the fence otherwise it’s theft.

Report the old girl to the Police for using offensive language. It’s actually against the law.
Record her whilst she is doing it, this you can do legally.

Play them at their game it can be quite therapeutic, well it was for me when we had issues with a near neighbour. In a similar set up as yours.
I just made sure I was one step ahead
Keeps the mind sharp

 

[EuroTrotters]

What a waste of time, forget it, just carry on as normal. It's not worth getting yourself in a tizzy about it. You live cheek by jowl with your neighbours, sowing disharmony will just make everyone miserable and at each others throat. It will not be a happy place to be. Been there done that got the Tshirt.

Everyone is already miserable.

They are the only people nobody gets along with. Maybe the odd exception.

 

[CazPaul]

MOVE.

 

[Southdowners]

[USER=28581]@Abacist &

The guy and his wife are a pair of spiteful old 4rseholes. They were the same where they lived before. They have bent and broken every line of the deeds and covenents, that they were fully aware of since they moved in. All in a wilful and spiteful manor to make my life awkward. She is the foulest mouthed old near 80 year old 8itch I have had the misfortune to meet in my entire life. Even resorting to using every expletive you can think of, in-front of our very young grandchildren.

The short, He wanted our house, did not get it. He had a Motorhome, she made him sell it, we were given land by the house builder, next to our house (the one he wanted).

Then, we got a motorhome and the shit really hit the fan.

He uses the his strip of land to try and make access very difficult. Build walls, placing rocks, post and planting overhanging conifers to restrict access.

Petty I hear you say?.[/USER]

[USER=36248]

It doesn't matter what his motives or manners are.

If you want to resolve the matter you need to focus on the facts and only the facts. He is either acting legally or he isn't.

Once you have the facts you will probably need legal advice to determine the legalities or otherwise of his actions. If you book an hours consultation with a property lawyer they should be able to advise whether to proceed to litigation or not. My advice would be for you to make the most of that hour and don't cloud it with he said, she said disputes.[/user]

 

[EuroTrotters]

[USER=36248]

It doesn't matter what his motives or manners are.

If you want to resolve the matter you need to focus on the facts and only the facts. He is either acting legally or he isn't.

Once you have the facts you will probably need legal advice to determine the legalities or otherwise of his actions. If you book an hours consultation with a property lawyer they should be able to advise whether to proceed to litigation or not. My advice would be for you to make the most of that hour and don't cloud it with he said, she said disputes.[/user]

Hi,

Yes, thank you. I appreciate that.

I was merely replying to the comments about being "Petty"

^{_{Subscribers  do not see these advertisements}}

 

[EuroTrotters]

MOVE.

I will not let anyone force me to move.

To be fair, the situation is of their making. Despite their efforts to restrict my access, so far it has failed. And in doing so, they are at more of a loss then we are.

The reason I posted is so I am fore armed - fore warned so-to-speak.

I have friends and relatives who are lawyers and barristers. I don't bother them with the matter. As we still work and are often in Spain for many weeks. I also do not have the time to make an appointment with a Solicitor. When I have to, I will do.

Aagin, as we are very often at work, away in the motorhome or at our house in Spain. I only spend just over half the year there.

I might let it to some bad people!

 

[CazPaul]

I will not let anyone force me to move.

To be fair, the situation is of their making. Despite their efforts to restrict my access, so far it has failed. And in doing so, they are at more of a loss then we are.

The reason I posted is so I am fore armed - fore warned so-to-speak.

I have friends and relatives who are lawyers and barristers. I don't bother them with the matter. As we still work and are often in Spain for many weeks. I also do not have the time to make an appointment with a Solicitor. When I have to, I will do.

Aagin, as we are very often at work, away in the motorhome or at our house in Spain. I only spend just over half the year there.

I might let it to some bad people!

Life is too short to be involved with people like that, when owt happens to them their family will move in you said and it will continue.
If your house is empty lord knows what damage they could do whilst you are not there, vandalism, putting dead fish in the cavity wall etc etc.
I would just get out of there and sell, its you that has won not them, whatever happens legally outcome wise the bitterness and actions will get worse.
If its causing you undo stress then in the future it may make either yourself or family ill, seriously ill.
Do you want a lifetime of that crap?

 

[EuroTrotters]

Life is too short to be involved with people like that, when owt happens to them their family will move in you said and it will continue.
If your house is empty lord knows what damage they could do whilst you are not there, vandalism, putting dead fish in the cavity wall etc etc.
I would just get out of there and sell, its you that has won not them, whatever happens legally outcome wise the bitterness and actions will get worse.
If its causing you undo stress then in the future it may make either yourself or family ill, seriously ill.
Do you want a lifetime of that crap?

No,

Health and wealth willing, I will be out in the motorhome or spending the winters in Spain.

That said, I have a similar Idiot neighbour in the next street to me. He has been dealt with and avoids me so-far.