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johnroberts
May 14, 2010, 05:41 AM
I have a shared drive with my next door neighbour. The drive only leads to my garage. The majority of the drive is within my title & my neighbour & myself have a common right of way over each others part of the drive. I have continually shown my neighbour the original 1930 drawings & the Land Registry drawings for the property but he continues to block access to the garage by parking in the drive. He als uses his home as a satellite office for his gardening business With his workmen frequently using the drive to load/unload equipment etc. I maintain that there should be clear access to my garage at all tims. Currently I do not use the garage for my car but intend to in future. All documents that I have reviewed state that the drive should not be blocked off at ant tome. Am I correct

JudyKayTee
May 14, 2010, 06:17 AM
You are correct. Your neighbor should not block a jointly-owned drive.

However, if you aren't using the garage currently why does this matter to you? Certainly you can address it with him now but I don't see that you are being inconvenienced and it sounds like a neighborhood spat.

If he continues to block it after you need access to the garage approach him again and then obtain photos of the blocked driveway and retain legal counsel.

AK lawyer
May 14, 2010, 11:07 PM
You are correct. Your neighbor should not block a jointly-owned drive.

However, if you aren't using the garage currently why does this matter to you? Certainly you can address it with him now but I don't see that you are being inconvenienced and it sounds like a neighborhood spat.

If he continues to block it after you need access to the garage approach him again and then obtain photos of the blocked driveway and retain legal counsel.

I agree.

Write him a letter stating that, while it is OK for him to conduct this activity at the present time, at some future date you will require access to your garage. Write that this letter is to make sure he realizes your right to use the driveway and that he will cease these activities at that time.