My neighbours have shared use of my drive to access their garage. Can i stop their kids playing on my drive?

Question

the house deeds state the neighbour has access over our drive to their garage. The land registry outlines our property as owning all the drive, it is a long block paved drive off the road and we were told by previous owners where the boundaries were and it is all ours. We have no problem with them driving up the drive, only a problem when their visitors park on it. The neighbour thought they owned all the drive until we showed them the deeds. Neighbour now ignoring us!

Answer 1

My suggestion is to have a talk with your neighbors, and discuss which activities you are comfortable with and which you aren't.  Can they play basketball?  Ride bikes?  Play with toy trucks, dolls, etc?  Write on it with chalk?  Most people are willing to be reasonable if they are approached in a reasonable way.  If the kids are older, it's reasonable to expect them to keep their toys out of your way.  If they're younger you might ask that the kids don't use it at all until they are old enough to keep the way clear.  I'm assuming of course that access to your garage is your concern.

Answer 2

why so sensitive?

Answer 3

i think they would probably say no because technically it is their property too.  but if you say that it is disturbing you , they will probably tell their children to be more conciderate and quiet.

Answer 4

If it's shared use (both of you equally) then no.

Answer 5

MPG is quite incorrect, it is NOT technically their property.  All land is subject to a deed which dictates ownership and shared rights/ usage.  If the deed states that the land is yours, but that your neighbours have right of access over it, then they are permitted to use the land to gain access to and from their garage.  Any other usage (such as, indeed, their kids playing on it) would not be seen as use permitted within the right of access and can be stopped by the land owner.  So if that is the case (and your question suggests it is) you have every right to stop the kids playing on it.  And before anyone starts mouthing off about what a killjoy you are, bear in mind that should one of the kids accidentally brain themselves while playing on your property, perhaps through a trip over a crack in the surface, you could be held legally liable and their parents could sue you.

Add:  As I thought, and this is a common situation.  the bottom line is that you retain right of control entirely over the drive, regardless of what they might think (you may wish to siggest they sue their solicitor for failing to establish the correct rights of ownership to the drive when they bought - prima facia negligence on their lawyers part).  A full range of options is open to you, if they continue to treat the drive as their own, such as an injunction forbidding use by them other than that specified in the deeds (will at least safeguard you against subseqent legal action as a result of any injury or loss sustained as a result of illegal activity on your land), clamping their friends cars when they park there (make sure you erect suitable warning notices etc) - but obviously this will result in a complete breakdown in relations - depends if the relationship is irrepairably damaged already, I guess...

Answer 6

My neighbour once shouted at me for my ball landing on the edge of their garden.  It happened once, by accident, I didn't have to stand on the garden to collect it and they went mad.  Our entire street hates them...

Chat to them nicely, giving them good reasons (if you don't have any, don't do it!) and ask them politely.  They should be reasonable about it.

Answer 7

To properly answer your question, more information is needed. Add additional details by clicking on the blue pencil below your question.

Why is it shared? Is there one driveway leading up to and splitting at the garages? What are your concerns with the children playing on the drive?

Well since you chose not to add to your question so we can "properly" answer it, I won't assume anything like eriverpipe, or to say what you want to hear.

Good Luck to you!

Answer 8

Yes, stop sharing it.

Answer 9

I assume you are in the Uk, if so my Mother has a similar situation in Hampshire.

The neighbours only have a right to pass, not to treat as their own so they are not entitled to store their bins on the drive cars etc - just have a right to pass.

It may state in the deeds that they have to contribute to the upkeep of the drive or may not state. Unfortunately if it doesnt state then all up keep costs falls on you.

It is important to clarify this before the neigbours think they can store, for example a caravan on the drive let alone the issue of the children playing on it.

The neighbours are already upset so to be honest trying to ignore it now is pointless. It is better to sit down and write them a letter politely explain where the boundaries are and include a copy of your deed plan which will highlight the right of way. State in the letter that you have no problems in them using and will not restrict the use of the right of way as per that - a right of way. However you request that when their friends visit they do not park their cars on (your) drive and that it is not used as a playground for the children and reiterate that the right of way (or right to pass) does not mean that they have any ownership of the land - just a legal right to pass over it access their garage.

Keep the letter direct to the facts and end by stating that it is clear that they were unaware of the legal rights over the drive but that now that they are fully informed you are sure they will take on your concerns and fully respect your requests over your property with no hard feelings.

My mothers neighbours wanted to put their bins down the side of my mother house to keep their front garden tidy(!), even though this meant my frail mother would not easily be able to walk round to the back of her house on her path. Because they interpretted a right to pass to mean shared ownership - 2 seperate things completely.They were put straight over this and there was no hard feelings.

You need to be aware if this is not resolved there may be issues if you tried to sell your property.