Re: Driveway Boundary / Shared Drive

On Jul 24, 7:16 am, Vista <v...@xxxxxxxxx> wrote:
Bob Smith wrote:
Hi,

We are looking a buying a house ex local authority (i.e not made an offer
yet).

House has garage at rear with driveway down the side of the house. Neighbour
has the same arrangement but no fence, thus between the two houses is a wide
drive (wide enough for two cars next to each other), and two detached single
garages at rear.A number of other houses in the street (same design) have
build attached garages/extension next to the house, so assume that this is
part of the property.

However the Estate agent mentioned that drive is shared, but that they
"havent checked the plans", this has but doubt in my mind that there may be
an issue (i.e as there is no fence etc).

I have checked the land registry plan which should a red box around the
property (i.e through the middle of the drive). Is it likely that the
neighbour has a ROW over the drive? I have check the register entry also,
which specifies the following.

The Transfer referred to in the Charges Register was made pursuant to Part V
of the Housing Act 1985 and the land has the benefit of and is subject to
such easements as aregranted and reserved in the said Deed and the easements
and rights specified in paragraph 2 of Schedule 6 of the said Act

Anyone any idea if this is likley to be a problem before we proceed to
making an offer?

Cheers

You nearly got it! What you need to read/find out is what is in this part:

"land has the benefit of and is subject to such easements as aregranted
and reserved in the said Deed"

Vi


And if UK had a decent land registry system, this would be shown on
the certificate of title, and the 'memorandum of easement' would be
available for inspection at the registry - nowadays in such systems,
this information would be available on line for a small fee (in such
systems the whole register and supporting documents are accessible by
all - been that way in the Australian colonies and NZ since the mid -
late 1800's - of course it was then leather bound volumes containing
the title folios).

.

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