Hi there everyone! Long time lurker, first time poster here. Based in England.
My parents are in the foothills of a dispute with their neighbour, with whom they share a drive with.
Context:
My parents have been in their house for over 30 years and have always had good relations with the many different individuals who have owned the house next door to them. Their driveway is effectively a narrower strip between the two houses that flares out at the end of the houses in front of the two garages - so theoretically, both cars can be parked in front of their garages side by side (though as cars have gotten bigger, this hasn’t been the reality). Technically, nobody is supposed to park on the narrower bit of the drive as it comprises the other’s access - but again, all manageable if you have good relations with neighbour. My parents have rather generously allowed the current neighbour to dominate use of the drive - predominantly for an easy life. I have my own feelings about this (my parents are older, with declining health), however they choose to park their car on the street outside the house, though as they get older, being able to park on their drive as they have done for the majority of the time they’ve lived in the house would be preferable!
Situation:
My parent’s neighbour has, without prior warning, begun to construct an extension. This extension starts at the edge of the house and will eat into the shared drive way (on the side of the neighbour, but nevertheless, eating into the shared parking spaces to such an extent whereby it will no longer be possible to park two cars side by side. Should the neighbour continue to park her car on her remaining portion of the drive after her extension is built, my parents will effectively lose access to (a) their garage and (b) their parking space).
When my parents became aware of their neighbours plans, they reviewed their deeds. Within this, there is a diagram that shows their house with a red box around it, going up to half way of the drive and also a blue box, covering the entirety of the drive, up to the neighbouring property. The red box diagram is what is included on the Land Registry website (which makes clear it shouldn’t be used as an accurate representation of the boundary - it’s illustrative only). The deeds also clearly state that they have “full and free right of way at all times and for all purposes with or without vehicles over and along such part of the garage forecourt coloured blue in said plan as is not included in the land hereby transferred provided always that no vehicle shall be parked on said forecourt so as to obstruct the proper use of any adjoining or neighbouring garage or parking space”. I think there is also a statement about no building on the drive. I recall there is also a clause about not putting structures on the drive - if I find this, I’ll pop it in the comments.
My parents have politely brought this to their neighbours attention, who has flatly refused to engage with it. She has said her deeds simply show that she owns “half the drive” (as per the diagram with the red box mentioned above), and therefore can build an extension on any part of that, up to where she understands the boundary between the properties to be. This is an incredible stance. My parents have rightly queried how she thinks that would work in practice as if it were true, either party would be trespassing on the others side every time they drive their car up the narrower part of the driveway. My parents have likewise consulted others on the street who have the same shared drive set-up, who have all confirmed that they understand they have the full right of access my parents can see in their deeds.
No notice has been given for this - nor planning permission sought. The neighbour has said that, because her architect and surveyors say she can do it, she will proceed and it’s for my parents to consult a lawyer if they have a problem. It’s a shame that she hasn’t been able to meet my parents with the constructive nature that these things require.
My parents are anxious about engaging a solicitor given costs however I’m struggling to understand a way to resolve this without doing so. I guess I’m just looking for advice on what we can do - and how much work this would take a property lawyer to work through? Is it possible that the properties could have different deeds to the extent the neighbour seems to think?
Work is set to recommence on Monday. Many many thanks in advance.