shared driveway

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23 Jul 2012
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My neighbours who live at the end of the shared driveway in our small close are paving their driveway - this in itself isn't an issue as they can do what they like to their own driveway, however, they believe that the top end of the shared driveway is theirs even though on all the deeds etc. it is clearly marked as shared.
The shared driveway is differentiated from actual driveways by red bricks making it clear which is the shared part and which belongs to the properties.
So, they want to pave their part of the shared driveway (changing it from tarmac to paving slabs). The part of the shared driveway which they believe to be 'theirs' is actually outside our house, and while I don't disagree that it's 'their' bit of the shared driveway it would mean that part of the shared driveway would be tarmac with one bit paved outside my house (they can't even see it from their house). I have told them of my reservations to them doing this and asked that they pave only their actual driveway and that the shared driveway remains as it is so that it is clearly marked as different from the individual driveways and also so that it doesn't look stupid (if we and the other houses were to do this, the shared driveway could end up being a mix of different styles/finishes etc. which would look ridiculous).
My neighbour was initially OK with it, but have since said that because it's their bit they are going to do it anyway regardless of my concerns/views.
I suppose my question is, can they do this legally? Not sure I want to get too involved with solicitors etc as I would like to try and keep things as amicable as possible but I really don't want them to do this and not sure exactly where I stand.
 
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my thought are its a shared driveway not 2 narrow driveways
there is no provision to separate it so should be treated as one
but only my opinion
 
If its shared ownership in the deeds, they probably also specify that any alterations to it must be agreed by both parties, and then the costs split equally (assuming its 50% shared?)
 
f you don't have it you can try getting your title plan off the land registry website for about 4 quid the driveway may be shown on there, also if your local council has the Public Access planning portal you can get an idea of boundaries for free from the map search (assuming it's working).

If it's on your land, it's your driveway, though your deeds may require you to allow them to use it, and theirs may require them to pay towards costs.
 
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