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Can I erect a fence between a shared driveway?
I have recently moved into my new house and have a shared driveway.Neither of us have garages or hardstandings as we have both had extensions so have had to have them taken down.My neighbour constantly parks on the shared drive right upto the corner of my house,which makes it really hard to get down the side of my property.I have to squeeze past.They have made it very difficult lately as I have been having alot of work done on the house and had an extension built on the back.They have made my builders have to take some building materials right through my house to get round the back as they cannot access the back of my property because their car blocks the access.As neither of us have a right to park on the drive and it is no longer needed for access to garages, can I put up a small fence down the middle?
asked in law questions

mercman99 answers:

You can only put a fence up on your half of the drive.ie all of it is on your side of the line.The down side is that you have then to keep repair on both sides of the fence panels,which if the neighbour denys you access to their side,means you would have to take the panels out from your side to coat them.A small line of bricks cemented up to the boundary line may prevent their over parking and make a point.These things cause no end of problems and can cause major feuds for years.Talk first and resort to boundary marking as a final straw.As they have been there longer they probably feel it is their right to encroach over the boundary.

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Aiming4777 answers:

No, you can’t erect a fence in the middle of this shared drive.

A shared driveway is subject to exactly the same rules that govern any other private right of way. The only difference is that in the case of a shared driveway you are both the owner of your own half of the driveway and have a dominant tenement over your neighbour's half of the driveway.

You have no more right to prevent your neighbour’s access to your side of the drive than he has to prevent you from using his side. So, he has no right to park there either as he is obstructing your right of way.

As with other rights of way, it is possible to extinguish a shared driveway, but the owner who wishes to do so would be expected to compensate his neighbour for inconvenience, loss of utility and diminished value of his land.

The first thing to do is to check your title certificate and / or conveyance deeds to confirm if there is an easement or shared rights to this common drive / handstanding.

Try talking to your neighbour to find out what his point of view is and then see if you can negotiate a settlement that accommodates both your needs. If this fails, or if your neighbour is unapproachable in the first instance, you need professional help, consult a solicitor.

Be sure before you act! Every landowner has a general duty of care towards his neighbours. This includes undue interference with their enjoyment of their own land, including interference with easements. Erecting a fence could be considered excessive. If you neighbour has no rights over your part of the property, they should just need an instruction not to trespass on your property. A solicitor's letter is probably the cheapest way to achieve this.

See: http://www.boundary-problems.co.uk/

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