Hi,
Simply put, my garage is next to my neighbours garage. One cars length is my
private drive and behind that is shared driveway (about another cars
length). All this shows within my property boundary, and behind the
shared driveway 'space' i have plants i tend for.  Behind my
neighbours private space, is shared driveway, and the entrance into
the parking area for  all our neighbours. Obviously he can't park his
second car here, as it would block access to all our garages, and he
accepts this.

However my question is.... can he park on the shared driveway 'space'
within my boundary? It doesn't 'block' access to my driveway, but can
make it tricky to get in and out. It has been used as a parking space
by visitors to my house before.  I thought this to be fine, as it was
within my boundary. (my property is on 3 sides of the shared driveway
area, with the access into the garages from the road (behind my
neighbours private space) being on the fourth side)

My understanding of shared driveway is that is can be used for access?
I.e. if he owned property on the far side on the shared driveway he
can cross it to access his land?  Also i thought it could be used for
turning a car etc.
Am i mistaken in thinking that shared driveway can't be used for
parking a car unless it's within your property boundary?

If anyone can clarify the UK law on this for me i'd be very grateful.

Dear marshymoo-ga,
I became rather confused with the layout of your property (that?s my
fault). I assume you?ve checked your deeds to see if anything is
defined in them.

This web site on Boundary problems may assist you.
http://www.boundary-problems.co.uk/

Shared drives.
"Neither neighbour has a right to park their car on a shared driveway.
The half of the car that is on the neighbour's land has no right of
parking, and the half that is on its owner's land is obstructing the
neighbour's right of way."
http://www.boundary-problems.co.uk/maineasements.htm


answerfinder-ga

Hi thanks for the comment,
Yes i've seen that website, but it seemed to suggest neither neighbour
has a right to park as it would block access.  However, it is possible
to gain access to my private space (albeit slightly tricky) with a car
parked in the shared space.  i have checked my deeds and all it states
is i shouldn't block access to others property.   i can find the exact
blurb if it helps as it might mean more to someone in the know?
I was wondering whether neither of us have a right to park there, or
as long as there is room for a car to turn around whether i can park
there as it's within my boundary? i've tried a layout diagram below:

dropped curb]shared driveway1 <his private space>{ his garage}
------------|
my shrubs   |shared driveway2 <my private space >{ my garage}
            --- my shrubs ---|------------------
                             |my private fenced garden

shared driveway 2 is the area in question as he can't park in shared
driveway 1 without blocking access for everyone.

So can neither of us park there, or can only i? the space doesn't
block access to either property, but he also has no need to cross it
(unless he decides to drive into my shrubs!)

That diagram illustrates the problem perfectly.

First, I suggest that you check out exactly to whom the land belongs.

From my limited experience, it will belong to someone, with a right of
way/access granted to the other person.

My guess would be that your neighbour 'owns' the drive, and you 'own'
the disputed bit, but have a right of way and have a covenant to pay
for maintenance.

The next step is to decide how nasty you want to get.
A simple and practical technique is to buy an old wreck (de-register
it - that is essential) and dump it in the disputed corner.

You have (hypothetically) discovered the joys of car restoration.

Basically he is parking on your second car shunt room, while his lass
puts her motor in the garage.

Hi,
You're right, the land belongs to me and my property boundary goea
above shared driveway2 between the two private drives, round my garden
and house and shrubs as per the # boundary shown below:

dropped curb]shared driveway1 <his private space>{ his garage}
###############################################################
#my shrubs   |shared driveway2 <my private space >{ my garage} #
#            --- my shrubs ---|--------------------------------#
#                             |my private fenced garden        #
###############################################################

so it 'belongs' to me, with rights for access etc granted to him.
I could get a banger, but that's a bit of a red flag for him to start
being narky.  basically he's said if i can tell him he has no right to
park there he'll stop.  So i'm trying to find an amincable way of
resolving the issue.

if he has a right to park there i'll have to shut up and live with it
(rather than hog it with a spare car).

if neither of us have a right to park there, i'll propbably point this
out to him, though i might have to keep quiet as my visitors
occasionally park there. And i wouldn't want to cut off my nose to
spite my face 9neither of us would be able to park there)

my dream situation would be though that he has a right to pass over it
or turn around in it/ access property via it.  As he has no where over
it to pass to, has no property to access using it, so that would leave
using it for turning.

If that is the legal definition of shared drive, i'd be jumping for
joy. i'm looking for something like:
the owner has a right to use the land as if it were there own as long
as it does not block access to any other party that has a right to use
it
or something similar in legaleese

any definitions that clarify one way or the other?

Hi,
Why can't he park his second car in his private space, in front of his garage?
Sure, then if he want's to use the car in the garage, he has to jockey
them around, but that should be his problem.  The shared area was
intended to let you make the swing to get in your garage or park a
possible 2nd car on your private space.
If you can drive into your garage when a car in on your side of the
shared space, you can probably do it even more easily if his 2nd car
is in front of his garage.
Seems to me that this was what was intended when the deed was drawn up
(probably not anticipating two-car residents, though), and tallies
with answerfinder's site quotation.
Good luck

@marshymoo-ga,

Parking problems can create really bad blood between neighbours.

I know, I have a vaguely similar problem.

Personally I would check out your house deeds very carefully, they
should include a covenant that you grant him right of access.
'Right of access' is not the same as 'right to park'.

You might even find that there is no such covenant, as it is quite
clear that he does not need to drive over /any/ of your property
- while you clearly need to pass over his property.

Hi I checked my title document which says it serves as a deed document
(i take it therefore it is my deed document)?! It defines everything
from private driveway to common ammenities (bin area, pathways etc). 
it shows the shared driveway on the plan but does NOT define it's
purpose.  The document mentions that easements should be adhered to,
but doesn't list the easements in place.  And it says that an easement
shall be deemed to exist if it is used within 80 years of the property
being built.  Basically it doesn't specifically say i have to give him
rights over my property, but it does show an area within my boundary
as shared driveway, and makes reference to possibly existing
easements.
What can i  do to clarify? does this mean he doesn't have rights to
park on my property? Is there somewhere i can look to clarify?
and THANKS to everyone for their comments so far! :-)

Ok - the other guy is pulling your chain

- that is obvious from the:

<quote>
basically he's said if i can tell him he has no right to
park there he'll stop.
</quote>

Take a six pack round to his place (when his lass is out) and get him
to explain exactly /why/ you should not park in front of his garage
(in such a way as he might be able to get out).

You could <G> just ask him exactly why he thinks he has a right to
/park/ on your property.
- if you are really evil, you could photocopy your deeds, give them to
him, and tell him to get a legal opinion.

I suspect that he is playing for time.
However, it would be wise to set up a paper trail

Thanks Again for all your comments.

I have the title plan from land registry and the register from land
registry. There's stuff about covenants, which are i think basically
to allow the company to look at pipes and electricity etc.

i take it this is the same as a transfer deed?

I have the adobe version here on my pc and can quite easily post here
for you guys to scrutinise and see if you can spot something that says
he has a right to use that piece of land?

2 (05.11.1999) The land has the benefit of the following rights
granted by but is subject to the following rights reserved by the
Transfer dated 14 October 1999 referred to in the Charges Register:-
"The Property hereby transferred is transferred together with the
following rights to benefit the whole of the Property and each and every
part thereof and all buildings and roads which may be erected thereon
within the Perpetuity Period.
(1) A right of way at all times and for all purposes (in common with the
Transferor and all others entitled to use the same) over and along the
Distributor Road and the footpaths on either side thereof now or to be
constructed within the Perpetuity Period.
(2) A right in common with all other persons so entitled at all times to
use all conduits within the Retained Land for the passage of surface
water soil water gas electricity or any other forms of energy or power as
then or are during the Perpetuity Period may be laid or constructed under
or through any part of the Retained Land with the right to enter upon the
Retained Land (upon giving previous notice to the Transferor or its
successors in title the owners or occupiers for the time being of the
Retained Land and consulting with such persons over the timing method and
mode of such works with a view to causing as little inconvenience as
possible) for the purpose of laying constructing cleansing maintaining
inspecting repairing or making good so far as possible and with all due
speed all damage thereby occasioned PROVIDED THAT this right shall only
be exerciseable in respect of those parts of the Retained Land which are
not (and which are not intended to be) the plots of Dwellinghouses and
provided that the exercise of the rights referred to in this clause is
subject to adequate capacity being available in such conduits after
taking into account the capacity requirements of the Transferor and the
Dwellinghouses constructed or to be constructed on the Retained Land
provided that the routes and lines of such conduits shall be as
reasonably specified by the Transferor (who shall not delay in specifying
when asked to do so) and/or the relevant owners for the time being of the
parts of the Retained Land affected thereby and in doing so the person or
persons so entering shall cause as little damage and inconvenience as
reasonably practicable to such owner and shall make good the surface of
such parts of the Retained Land without any unnecessary delay.
(3) Following the grant of all appropriate statutory consents the right
to execute works and erections upon or to alter or rebuild any buildings
upon and the right to erect or construct any new buildings upon the
Property in such manner as the owner or occupier thereof shall think fit
including the right to overhang eaves and/or gutters over the Retained
This is a copy of the register of the title number set out immediately below,
showing the entries in the register on 19 APR 2005 at 12:59:00. This copy does
not take account of any application made after that time even if still pending
in the Land Registry when this copy was issued.
This copy is not an 'Official Copy' of the register. An official copy of the
register is admissible in evidence in a court to the same extent as the
original. A person is entitled to be indemnified by the registrar if he suffers
loss by reason of a mistake in an official copy. If you want to obtain an
official copy, the Land Registry web site explains how to do this.
Page 2 of 8
Land notwithstanding that the access of light to the rear of the Retained
Land may be affected or interfered with.
(4) Such rights of support as may be necessary to maintain the stability
of any building or walls which then or at any time within the Perpetuity
Period may be erected upon the Property PROVIDED THAT such rights of
support shall not be deemed to include the right to erect and maintain
any structure or erection upon the Retained Land for the purpose of
support.
(5) The right from time to time at all reasonable hours in the day time
or at any time in the case of emergency to enter upon the Retained Land
so far as may be necessary (but not otherwise) for the purpose of
inspecting cleansing repairing renewing and maintaining the roofs walls
fences eaves spouts gutters and pipes of any buildings then or during the
Perpetuity Period to be constructed on the Property upon giving previous
notice to the Transferor or its successors in title the owners or
occupiers for the time being of the Retained Land and consulting with
such persons over the timing method and mode of such works with a view to
causing as little inconvenience as possible subject to the person
exercising such right being liable to the Transferor or its successors
for any loss or damage thereby caused and
(6) The right for the Transferee and its successors in title to connect
into and take supplies of water electricity gas and telephone services
from the conduits that are laid or are to be laid alongside the
Distributor Road.
The Property hereby transferred is transferred excepting and reserving to
the Transferor and the Trust and their respective successors in title and
the occupiers for the time being of the Affordable Housing Units the full
and free rights (exerciseable in common with the Transferee and all
others from time to time entitled to the like rights) of -
1. Connection to the said roads and footpaths and the Service Conduits
with the roads and footpaths and the Service Conduits that have been or
may be constructed on or in the Affordable Housing Land within the
Perpetuity Period.
2. Way with or without vehicles and animals at all times and for all
purposes over and along the said roads and footpaths until they become
adopted highways.
3. Connection into within the Perpetuity Period and thereafter use of
the Conduits and supply of Services through the same.
4. If the Transferee defaults in performing any of its obligations to
the Transferor and the Trust then the Transferor and the Trust shall each
have the right to enter the Property with all necessary Contractors
workmen and equipment and construct the roads and footpaths and construct
and/or install the Service Conduits and the cost of doing so shall be
recoverable as a debt owing by the Transferee repayable on demand.
The Property hereby transferred is transferred excepting and reserving
for the benefit of the Retained Land and the owners and occupiers from
time to time of the whole or any parts thereof:-
(i) A right of way at all times and for all purposes (in common with the
Transferee and all other entitled to use the same) over and along all
roads or paths to be constructed on the Property within the Perpetuity
Period provided that this right shall not apply to driveways and paths
within the curtilage of individual Dwellinghouses which are not intended
to be offered for adoption to the Highway Authority the person or persons
exercising such rights causing as little damage as possible and making
good any damage caused.
(ii) A right in common with all other persons so entitled at all times
to use all conduits within the Property for the passage of surface water
soil water gas electricity or any other forms of energy or power as then
are or during the Perpetuity Period may be laid or constructed under or
through any part of the Property with the right to enter upon the
Property (upon giving previous notice to the Purchaser or its successors
in title the owners or occupiers for the time being of the Property and
consulting with such persons over the timing method and mode of such
works with a view to causing as little inconvenience as possible) for the
purpose of laying constructing cleansing maintaining inspecting repairing
or making connection with such conduits the person exercising such right
making good so far as possible and with all due speed all damage
occasioned provided that this right shall only be exerciseable in respect
of those parts of the Property which are not (and which are not intended
to be) the plots or Dwellinghouses and provided (but without prejudice to
the Transferee's obligations to the Transferor) that the exercise of the
rights referred to in this Clause is subject to adequate capacity being
available in such Conduits after taking into account the capacity
requirements of the Transferee and the Dwellinghouses constructed or to
be constructed on the Property and provided that the routes and line of
such Conduits shall be as reasonably specified by the Transferee (who
shall not delay in so specifying when asked to do so) and/or the relevant
owners for the time being of the parts to the Property affected thereby
and in doing so the person or persons so entering shall cause as little
damage and inconvenience as reasonably practicable to such owner and
shall make good the surface of such parts of the Property without any
unnecessary delay.
(iii) Following the grant of all appropriate Statutory Consents the
right to execute works and erections upon or to alter or rebuild any
buildings upon and the right to erect or construct any new buildings upon
the Retained Land in such manner as the owner or occupier shall think fit
notwithstanding that the access of light or air to the Property may be
affected or interfered with.
(iv) Such rights of support as may be necessary to maintain the
stability of any buildings or walls which then are or at any time within
the Perpetuity Period may be erected upon the Retained Land provided that
such rights of support shall not be deemed to include the right to erect
and maintain any structure or erection upon the Property for the purpose
of support.
(v) The right from time to time at all reasonable hours in the day or at
any time in the case of emergency to enter upon the Property so far as
may be necessary (but not otherwise) for the purpose of inspecting
cleansing repairing renewing and maintaining the roofs walls fences eaves
spouts gutters and pipes of any buildings then or during the Perpetuity
Period to be constructed on the Retained Land upon giving previous notice
to the Transferee or its successors in title the owners or occupiers for
the time being of the works with a view to causing as little
inconvenience as possible subject to the persons exercising such right
being liable to the Transferee or its successors for any loss or damage
thereby caused and
(vi) The right from time to time to have access through the Property to
such of the planted and open space areas adjoining the Property for the
purpose of laying out planting and maintaining the said planted and open
space areas in performance of the Transferor's obligations under Section
106 Agreement provided that in the exercise of such right the Transferor
shall first consult with the Transferee and exercise such access only
over the route designated by the Transferee (who shall act reasonably in
making such designations having regard to its routes of construction of
its housing development on the Property).
AFFORDABLE HOUSING
Has the meaning ascribed to it by clauses 10.3-10.9 (inclusive) of the
Section 106 Agreement (hereinafter defined).
AFFORDABLE HOUSING LAND
Means the land designated for the building on it of Affordable Housing
and described by being edged green on Plan 2.
AFFORDABLE HOUSING UNITS
Means the Dwellinghouses that are to be built upon the Affordable Housing
Land.
CONDUITS
Means pipes wires drains mains ducts conduits gutters watercourses wires
cables channels subways flues and all other service conducting media
including any fixings louvres cowls and other covers.
THE DISTRIBUTOR ROAD
Means the road to be constructed by the Transferor in the position shown
coloured blue on the Plan 1.
DWELLINGHOUSE
Means a house flat maisonette or other single unit of dwelling
accommodation to be constructed by the Transferee on the Property and
shall include the curtilage and the garden thereof and a garage or
garages as the case may be.
THE LOCAL COUNCIL
Means the Borough Council of ######.
THE OUTLINE PLANNING PERMISSION
Means the Outline Planning Permission for the devleopment of 800 houses
on the land referred to in the Outline Planning Permission issued on the
16th day of August 1999 by the Local Council reference number BDB.
THE PERPETUITY PERIOD
Means the period of 80 years from the date hereof.
PLAN 1
Means the plan annexed hereto and marked 1.
PLAN 2
Means the plan annexed hereto and marked 2.
THE PROPERTY
Means all the land described above and transferred by this Transfer.
THE RETAINED LAND
Means the land situate in Basingstoke aforesaid and being the Development
excluding the Property and all other parcels of land that have been sold
by the Transferor or its predecessors in title prior to the date hereof
and includes Affordable Housing Land.
THE SECTION 106 AGREEMENT
Means an Agreement relating to the Development purusant to the Outline
Planning Permission and made pursuant to Section 106 of the Town and
Country Planning Act 1990 and Section 33 of the Local Government
(Miscellaneous Provisions) Act 1982 dated 17th June 1999 and made between
the Local Council (1) and the Transferor (2).
THE SECTION 278 AGREEMENT
Means the Agreement relating to the construction maintenance and adoption
Page 5 of 8
of highways in connection with the said development pursuant to Section
278 of the Highways Act 1980 and Section 111 of the Local Government Act
1972 dated the 12th day of August 1999 made between the Hampshire County
Council (1) and the Transferor (2).
SERVICES
Means water gas electricity and telecommunications supplies and signals
and foul drainage.
THE SUB-TRANSFEROR
Means Thameswey Homes Limited (co Reg No 926028) of Shortlands London W6
8EZ.
THE TRUST
Means The Guiness Trust (London Fund) founded 1890 registered 1902 of 17
Mundy Street High Wycombe Barking Hampshire HP11 2NZ".
昧OTE: Copies of Transfer plans 1 and 2 in Certificate. Copy plans filed
under HP######.
3 (05.11.1999) The Transfer dated 14 October 1999 referred to above
contains the following provision:-
"It is hereby agreed and declared that nothing in this transfer contained
or implied by Law shall operate to confer upon the Transferee or its
successors in title:-
(i) Any easement or quasi-easement right or privilege whatsoever over or
against the Transferor's adjoining or adjacent property or the Affordable
Housing Land or any part or parts thereof other than any rights hereby
granted and
(ii) Any rights to light or air or any other easement right or privilege
which would or might restrict or prejudicially affect the future
rebuilding or alteration or development of such adjoining or adjacent
property or the Affordable Housing Land or any part thereof and any other
part or parts thereof other than any express right hereby granted
provided that such future rebuilding or development shall not prejudice
or interfere with the development of the Property as a private housing
estate".
4 (06.03.2001) The land has the benefit of the rights granted by but is
subject to the rights reserved by the Transfer of the land in this title
dated 22 February 2001 referred to in the Charges Register.
5 (06.03.2001) The Transfer dated 22 February 2001 referred to above
contains provisions as to light or air and boundary structures.
END OF A REGISTER
Page 6 of 8
------------------------------------------------------------------------------
TITLE NUMBER : ########
B PROPRIETORSHIP REGISTER
This register specifies the class of title and identifies the owner. It
contains any entries that affect the right of disposal.
TITLE ABSOLUTE
------------------------------------------------------------------------------
1 (24.10.2003) PROPRIETOR: #########.
2 (24.10.2003) The price stated to have been paid ########.
3 (24.10.2003) The Transfer to the proprietor contains a covenant to
observe and perform the covenants referred to in the Charges Register and
of indemnity in respect thereof.
END OF B REGISTER
------------------------------------------------------------------------------
TITLE NUMBER : #######
C CHARGES REGISTER
This register contains any charges and other matters that affect the land.
------------------------------------------------------------------------------
1 The land together with other land is subject to such liability if any as
attaches thereto in respect of a quit rent or annual payment of 19s 6d
payable to the Ecclesiastical Commissioners for England on account of the
chapter of the Cathedral of Winchester and also to a quit rent or annual
payment of 4s 6d payable to the Lord of The Manor of Steventon Hants.
NOTE: The land has the benefit of a covenant of indemnity contained in
transfers affecting the land in this title dated 1 February 1927, 24
January 1927 and 14 May 1927.
2 (05.11.1999) A Transfer of the land in this title and other land
dated 14 October 1999 made between (1) ########
(Transferor) and (2) ########(Transferees) contains the
following covenants:-
"The Transferees to the intent and so as to bind not only it but all
persons in whom the Property or any part thereof shall for the time being
be vested and so as to run with and bind the Property and each and every
part thereof and its successors in title and to benefit the parts of the
Retained Land and each and every part thereof that are at the date hereof
in the ownership of the Transferor:-
(i) Not to build upon the Property any buildings other than land and not
to build more than 69 dwellinghouses or electricity substations gas
governor stations and such other buildings as may lawfully be required by
any competent local or other authority as a condition of permitting the
development of the Property for residential purposes and not to use or
occupy any Dwellinghouse for any purpose other than the occupation of
each such Dwellinghouse by one family only at a time.
(ii) Not to do or permit or suffer to be done on the Property any act
matter or thing which may be or grow to be a nuisance damage or annoyance
to the Transferor or its successors in title or to the owners or
occupiers of the Retained Land and in particular (but without prejudice
to the generality of the foregoing) which might in any way interfere with
or prevent or make more difficult or more expensive any development of
the Retained Land provided that the construction of Dwellinghouses on the
Property in accordance with the foregoing provisions shall not be deemed
to be a breach of this covenant".
3 (06.03.2001) A Transfer of the land in this title dated 22 February
2001 made between (1) #######(2) ########## contains restrictive covenants.
昧OTE: Copy in Certificate.
4 (06.03.2001) The Transfer dated 22 February 2001 referred to above
contains a covenant by the Transferee with the Transferor as to the grant
of rights as therein mentioned.
5 (24.10.2003) REGISTERED CHARGE dated 10 October 2003.
6 (24.10.2003) Proprietor: #########################
END OF REGISTER
NOTE: The date at the beginning of an entry is the date on which the entry was
made in the Register.

The Property hereby transferred is transferred excepting and reserving
for the benefit of the Retained Land and the owners and occupiers from
time to time of the whole or any parts thereof:-

(i) A right of way at all times and for all purposes (in common with the
Transferee and all other entitled to use the same) over and along all
roads or paths to be constructed on the Property within the Perpetuity
Period provided that this right shall not apply to driveways and paths
within the curtilage of individual Dwellinghouses which are not intended
to be offered for adoption to the Highway Authority the person or persons
exercising such rights causing as little damage as possible and making
good any damage caused.

That looks like the bit we are after.
Basically the Trust retains the right of way over driveways, for
itself and all other owners and occupiers of 'the Retained Land'
- except for driveways within the FENCED boundaries of INDIVIDUAL Dwellinghouses

Very shaky - as the 'Retained Land' is NOT 'occupied'
Although bits of it will later become 'occupied'
- is your driveway 'adopted' ?

"It is hereby agreed and declared that nothing in this transfer contained
or implied by Law shall operate to confer upon the Transferee or its
successors in title:-
(i) Any easement or quasi-easement right or privilege whatsoever over or
against the Transferor's adjoining or adjacent property or the Affordable
Housing Land or any part or parts thereof other than any rights hereby
granted and

The above means your neighbour's rights over your property are limited
to the ones set out. (Well in his contract it means that - in your
contract it restricts you)

It is pretty clear that you need to highlight the second (limiting)
clause and then ask your neighbour to locate an EXPLICIT right to set
up a barbeque on any part of your property.

If your bit of the driveway is /not/ adopted then it is debateable
whether it falls within your curtilage - if it does, then NOBODY has a
right of way over it - since your pad is an /individual/
Dwellinghouse.

Note: 
Curtilage means :-
     'The enclosed area immediately surrounding a house or dwelling'

I think that one also needs to look into 'Right of Way'
It is right to pass over, or more specifically right to pass over /at
will/ without being obstructed.
If visitors park their car in your corner, are you /obstructing/ your neighbour ?
Probably not, as passing over that bit of ground is not going to get him anywhere. 
ie: he can get from his property to the road without being obstructed.

Hi, thanks for your comments.
All the driveway in question is within my property boundary, and i am
responsible for it's upkeep, not the council etc.  i guess that means
it is adopted?

You are correct, if i were to park on the shared driveway area in
question, it would not affect my neighbour in anyway.  he has no need
to cross that are unless he wanted to cause mallice to my shrubs!

So basically it says we all have rights over roads and paths around
the estate, but not over driveways that fall within a property
boundary where the owner is responsible for it's upkeep?

Unless he has a specific covenant in his deeds granting him rights, he
has no rights of access over my property, as he has no reason to
access anything on the far side of the shared drive?

Many thanks for your response, i think it's all becoming clearer.

this looks like a good part or the document to point out to him:

3 (05.11.1999) The Transfer dated 14 October 1999 referred to above
contains the following provision:-
"It is hereby agreed and declared that nothing in this transfer contained
or implied by Law shall operate to confer upon the Transferee or its
successors in title:-
(i) Any easement or quasi-easement right or privilege whatsoever over or
against the Transferor's adjoining or adjacent property or the Affordable
Housing Land or any part or parts thereof other than any rights hereby
granted and


do the other sections quoted override this with regards to access to my property?

The thing that throws me is that he has shared driveway within his
property boundary too.  But my deeds don't specifically say i have a
right to cross his land either?

I think he might pick up on this.

So any ideas how i can point out that shared driveway is for access to
YOUR land, and not for him to park on when it is within my boundary?

i.e. i have a right to use the shared driveway at the roadside
entrance (on his land) to get into my private driveway (as do many
others in our cul-de-sac).  but he has no need to use the shared
driveway within my boundary to access his land, so he has no rights of
access?

This is the bit i'm just not seeing in the document.

and even if he spots the:
The Property hereby transferred is transferred excepting and reserving
for the benefit of the Retained Land and the owners and occupiers from
time to time of the whole or any parts thereof:-
(i) A right of way at all times and for all purposes (in common with the
Transferee and all other entitled to use the same) over and along all
roads or paths to be constructed on the Property within the Perpetuity
Period provided that this right shall not apply to driveways and paths
within the curtilage of individual Dwellinghouses which are not intended
to be offered for adoption to the Highway Authority the person or persons
exercising such rights causing as little damage as possible and making
good any damage caused.

part of the document, this (in the worst case scenario) is saying he
has a right of way over the shared drive.  (assuming in worst case
scenario for whatever reason the shared driveway doesn't constitute
part of my individual dwellinghouse curtilage).

So assuming ALL these worst case scenarios, all it's saying is he's
got a right of way over the shared drive.  Which doesn't constitute a
right to park?

So a right of way can ONLY be used for access purposes?
and he has no area to access using the shared drive, so has no need to
utilise that space.

Sorry to ask so many questions! I really want to know this so i don't
get backed into a corner, and end up with him parking (almost in the
hedge) all weekend every weekend!

Thanks again everyone!

Phew - if you have to maintain your own tarmac then it gets interesting.

Here is a link to another definition of 'Curtilage'

http://www.planningadvice.co.uk/FAQ/definitions_interpretation_7.htm

Basically it says that it is /very/ flexible.

I think that we are now getting into interpreting the intentions
behind the contract rather than the contract itself.
Since they are 'rights of access' to ones own property, it is fairly simple.

Personally I would suggest talking to your neighbour, and asking
/exactly/ who is going to pay for the upkeep of the 'common drive'.

You almost certainly have 'an established right of way', since it was
intended by the developers and unchallenged for years.

I suggest that you and he draw up an additional covenenant stating
that the cost of upkeep will be shared (be generous 50/50)
- your 'patch' can be written in

I am not a lawyer/solicitor, but I have humiliated a few in that
profession in the past.
You two need to sort out some additional covenants.
You pay for half the road - and he stops obstructing you.

So do 'rights of access' not include parking rights? Any thoughts anyone?

He's not obstructing me, as i can still get to my private driveway,
it's just more difficult when he's parked there.

It also makes doing any gardening on the shrub area impossible as his
car overhangs the border, with his bumper practically touching the
shrubs.

From the deeds it seems at best (for him) he has rights of access. 
(if i have over the shared drive area within his boundary, then by
default he has over the shared driveway within my boundary).

This does not equate to a right to park?

neither of us would be able to park in the shared driveway area within
his boundary as it would block access to private driveways for 3 other
properties, and the purpose of a shared driveway is to allow access.

I however would not be obstructing any access rights by parking on the
shared driveway within my property boundary.

i think the:

(i) A right of way at all times and for all purposes (in common with the
Transferee and all other entitled to use the same) over and along all
roads or paths to be constructed on the Property within the Perpetuity
Period provided that this right shall not apply to driveways and paths
within the curtilage of individual Dwellinghouses which are not intended
to be offered for adoption to the Highway Authority the person or persons
exercising such rights causing as little damage as possible and making
good any damage caused.

Covers the 'if you use it you're responsible for paying for it's
upkeep' bit, so i don't think adding a covenant is necessary at this
stage.

I think if i can reasonable argue that the shared driveway is for
access, and access rights only for him to the shared driveway within
my boundary.  or somehow show he hasn't even got access rights over
that piece of land, he will stop parking there.

if i can be certain access rights, do not equate to parking rights. 
And that these deeds seem to say that at best all he has is access
rights.  if i take this to him, i'm sure he'll stop parking there.

I just want to be as clear as i can as he'll try and say the shared
driveway is 'common land' or something, and that he has a right to
park there.

The more i hear from you guys the more i'm beginning to stand my
ground that it IS my property, as it is shown within my boundary.  and
although it IS shared driveway on the developers plan, there are NO
covenants within the deed specifying access to it.  Even if the
covenant referencing roads and paths etc, which doesn't mention shared
driveway, were to be interpreted as including shared driveway, he'd
only have access rights.

So i guess what i'm asking is.... access rights... definitely not a right to park?

I found this on http://www.boundary-problems.co.uk/maineasements.htm:

Private Right of Way 

Ideally, the owners of both the dominant and servient tenements should
know exactly:
?  where the right of way runs from and to;
?  exactly what route the right of way follows between those two points;
?  whether there are any width, weight or height restrictions on the
traffic that uses the right of way;
?  whether the traffic permitted to use the right of way includes
motor vehicles, motor cycles, or is restricted to passage on foot;
?  whether there are time restrictions in force, either as to time of
day or day of the year, on which the right of way may be used;
?  who is responsible for the maintenance of the right of way.
Rarely are all, or even a fair proportion, of these things known.

Generally:
?  you may pass and repass along a right of way as long as you do not
stop and linger on the right of way;
?  if the right of way is obstructed then you may divert along another
route provided that the diversion remains on land belonging to the
servient tenement (otherwise you would be trespassing on a third
party's land);
?  a gate is not considered as an obstruction of the right of way
provided that the users of the dominant tenement have the means of
opening and/or unlocking the gate;
?  
?  the owner of the dominant tenement cannot expect the route to be
widened, strengthened or given extra headroom just because his needs
have changed: he is entitled only to the width, weight or headroom
that was envisaged at the time of grant of the right of way.

A private right of way on foot permits you to:
?  pass and repass on foot between the dominant tenement and the public highway;
?  with or without a load that one person might be expected to be
capable of carrying;
?  or pushing a small barrow or trolley or perambulator, or wheeling
(not riding) a bicycle, provided that the wheeled device is not too
wide to be accommodated by the footpath and by any gates along the
path.

A vehicular private right of way permits you to:
?  drive vehicles of up to a permitted width, height and weight along
the carriageway between the public highway and the dominant tenement;
?  stop a vehicle on the right of way immediately adjacent to the
dominant tenement for the purpose of loading and unloading that
vehicle;
?  perform other reasonable acts, such as pulling off the carriageway
onto the verge in order to pass oncoming vehicles.

A vehicular right of way is not a right of parking.

If the width, height and weight limits of the right of way are not
explicitly stated in the deed of grant then the courts will decide
that these limits were set by naturally occurring restrictions that
were in place at the time of the grant, such as the width of a gate at
the entrance to the carriageway.

It is quite common to find a carriageway that is much narrower than
the defined width of the right of way, for example a 10 feet wide
carriageway within a 40 feet wide right of way, with 15 feet wide
verges on either side of the carriageway. In these circumstances it is
perfectly acceptable to pull onto the verge in order to avoid a
collision with oncoming traffic, but it is not acceptable to drive
along the verge just because it falls within the stated width of the
right of way.

Repairing a private right of way
If the right of way falls into disrepair, and if no-one can be
identified as the party responsible for maintenance and if the owner
of the servient tenement does not repair it, then the owner of the
dominant tenement (who is inconvenienced by the poor condition of the
way) may repair the way but must be careful not to improve the way
(for it is not his land to develop). Thus a gravel drive may be
re-graveled by the owner of the dominant tenement but must not improve
it by concreting or tarmaccing the surface.

Sometimes the owners of properties served by the same private road
will form a club, often referred to as a road fund committee, charged
with looking after the maintenance of the private right of way. They
can do this if each property served by the road includes the portion
of road (even if only up to the centre line) that fronts it. The costs
of carriageway repair are met from funds raised through membership
subscriptions. If the road fund committee decides to improve, rather
than simply repair, the carriageway then each owner, being the
servient owner of the road that fronts his property, is deemed to have
given his permission for improvement of the road.


the happy part of this is:

A vehicular right of way is not a right of parking.

:-)))))))

Thanks for all your comments, i've sent him a letter now saying at
best he has a right of way, and that doesn't give him a right to park.
 Now i'll just wait and see whether he abides by his earlier comments
that if i told him he has no rights he'll stop! watch this
space.........