thanks, for the advice, who would i go to, to confirm this, a solicitor or the council. I have asked the planning dept at our local council to supply me with minimum widths & her rights to use my land for turning but i seam to think they might drag it out getting back to me.
right of way to rear of house
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You local council have nothing to do with it.
You need a solicitor that specializes in land related law.
Once you can find one if you go in with all your information pre prepared you may be able to get the answer in a free 1/2 hr clinic.
You need a solicitor that specializes in land related law.
Once you can find one if you go in with all your information pre prepared you may be able to get the answer in a free 1/2 hr clinic.
Not sure it will be entirely relevant in your situation but your council may publish a "street design guide" which may discuss shared driveways, that might give you a starting point but it's really about new builds rather than older properties
https://consult.leeds.gov.uk/leeds/UploadedFiles/SDG.pdf
The example above is from Leeds, 3.2.3.4 talks about minimum widths of 3m for drives serving 5 or less properties. Like I say, it may not be relevant at all since your shared access should be spelled out in your deeds.
"Should" being the key word there.
It may not be, and from the bit posted earlier it sounds like the details may have been left out. I have a couple of properties on a newish build with shared parking & access yard. To say the covenants setting out access rights and responsibilities are "badly written" would be an understatement - the covenants applied to the houses have different wording to what's in the leaseholds for the flats, with some details conflicting !
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This wont be anything to do with planning, or the council, as it seems to be a straightforward property issue
If the deeds don't' specify a dimension, or an actual use (eg footway, bridleway, vehicular etc) then the width can be interpreted.
However, if there is established use by cars, which can be seen just by looking at the rest of the drive, then that will be the width - ie enough for a car to drive down
Rights of ways are just passage, and do not include turning or manoeuvring etc
You can fence the land off, or just put a row of daffodils there to mark the driveway and your own private land. Then any damage to you land is a tresspass
If the deeds don't' specify a dimension, or an actual use (eg footway, bridleway, vehicular etc) then the width can be interpreted.
However, if there is established use by cars, which can be seen just by looking at the rest of the drive, then that will be the width - ie enough for a car to drive down
Rights of ways are just passage, and do not include turning or manoeuvring etc
You can fence the land off, or just put a row of daffodils there to mark the driveway and your own private land. Then any damage to you land is a tresspass
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