Shared Driveway??

[noshare]

We bought a new house 4 months ago. The people who lived in it had bought the land and built two houses on it. They have sold the completed one to us and moved in to the other almost complete one to finish it off. They have now come to us 4 months later and said that we cannot block our driveway by parking our car or caravan on it as it is a shared access for them to get to a garage they have built behind their house! We cannot see any mention of this and wouldn't have bought the house under those conditions as we would not have wanted a driveway that we couldn't park on as there is no where else to park and we couldn't afford to find somewhere to store our caravan. Do they have a leg to stand on if we can't see any mention on the papers we signed to complete? We are thinking of gating it but want to make sure we are correct before we go ahead. They do also have a parking space accessed from the other side of their garden. Thank you.

[Peter Pedant]

It depends on what the, wel,l deeds say
you are almost certainly in an area that is covered by the Land Registry
and it depends on what the entry says

they should have told you in pre-sale questions

and finally the only right they could enforce which is not recorded in the LR are those which are visible on inspection and from what you say - it wasnt.

but you need the advice of the person lawyer who acted for you in the purchase including the question if were true - why werent you told, especially as it would have been a deal-breaker

This type of question is not uncommon after in-fill building.

[noshare]

Thanks. I think we will have to go back to the solicitor. I am quite upset about this as if it is the solicitor who has failed to advise I don't know where we stand. I have tried land registry (paying online to view the register)but that is no use as it has not been changed yet?? We are beginning to wish we hadn't moved and that is a shame as the house is great :-(

[woofgang]

if the solicitor knew about it and failed to tell you, or didn't check to see if the driveway was shared, I think that they are liable, although how their liability works out in practice I am not sure. Was the garage or any foundation for it there when you bought the house? Its entirely possible that your neighbours are trying it on...have you asked them for proof that they mentioned the shared drive and access requirement when you bought the house?

[noshare]

The garage was there when we bought but the bloke said he wouldn't be using it as a garage, hence why he had put a parking space with double gates accessed from the other side for them to park. We think he is trying it on now as he has realised that if he now comes to sell his house it will look pretty stupid to have house with a garage you can't get to! (Building error) I'm doing a lot of reading up and if right I think there should have been an "easement" in place on the deeds? Surely you can't start saying these things after completion of sale. I have sketched a plan that we are sending to solicitors, I will try and upload it later if I can get son off pc and me off tablet later.

[Old_Geezer]

I'm no legal expert but would have thought if the drive was shared that would have been obvious. I'd adise getting a solicitor to look at your particular circumstances/contract/deeds.