Shared Access Drive and Trespassing

Soldato
Joined
1 Mar 2008
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Deep North
I think the only way to stop people from cutting across is to put a high 6ft fence along the driveway part and a shorter fence on the grass garden part with some big shrubs planted at the end next to the tree.

I hate these shared driveway things. The house builders obviously only do them so they can cram as many properties as possible on a development, but who is responsive for the upkeep of it, Say 20 years time when it needs resurfacing?
 
Associate
OP
Joined
9 Jul 2019
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204
The biggest issue is having a shared drive on an open shared boundary. They should never have had semi detached houses on different streets.

As I said before, no point arguing, it'll just take time and effort and they won't change anything anyway.
 
Soldato
Joined
15 Mar 2004
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3,182
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Oxford
I'm confused.

In the OP you said the 1Meter gap in the middle of the fence was closed off ? It isn't in that picture.

Assuming it is now closed off, why doesn't the builder or even the owner just extend that fence upto the property ? Nobody would be bothered to climb over it then ?
 
Soldato
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21 Jul 2008
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4,940
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Earth
I hate these shared driveway things. The house builders obviously only do them so they can cram as many properties as possible on a development, but who is responsive for the upkeep of it, Say 20 years time when it needs resurfacing?

With the new build estate I live on, the maintenance of the public green areas and the shared driveways are handled by the company that holds the maintenance contract, every house pays in to it.
 
Soldato
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1 Mar 2008
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Location
Deep North
With the new build estate I live on, the maintenance of the public green areas and the shared driveways are handled by the company that holds the maintenance contract, every house pays in to it.

That's OK if you have to pay into a maintenance contract (another money make scheme similar to leasehold) but if you are Freehold? My grandparents lived on a early 2000s new built estate, freehold, no maintenance contract, but a shared drive.
 
Soldato
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Earth
Think you'd have to come to a private arrangement with the houses they're shared with then or leave it to deteriorate, could be expensive if someone doesn't want to play ball though.
 
Soldato
Joined
18 Oct 2002
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4,544
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Nottingham
I'd absolutely be pushing it back to the developer assuming it's a recent new build. From what I can work out:

  • The developer incorrectly left it open for 18 months allowing it to become an informal thoroughfare
  • Allowed their own contractors to use it therefore setting the wrong example to nearby residents
  • Designed the layout in the first place that encourages people to cut through your garden

Assuming I've understood the above correctly I'd be escalating within the Developer to resolve it by installing a full width fence, additional thorny landscaping etc.

Doing nothing creates the risk it could become a permanent right of way, with you having to pick up the cost of the additional wear, possibly adding complications if you ever sell the property and having to keep the access open.

Our property is at the end of a long shared drive that would be used for access to the country park were it not for the railings that run the entire length. I wouldn't want there to be any gaps in the railing.
 
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The problem for me is it is not as sold and it's has been a problem caused by the developer.

People aren't walking on my grass, but I can understand why people would want it open now people assume it should be there and are taking liberties on property when it wasn't.

What would be the best way to pressure the developer?
 
Soldato
Joined
21 Oct 2011
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21,592
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ST4
Have a word with the developer, see if you can get them to ditch the fence and install a couple of cast iron posts instead. That way people can still use it as a walk through but it still prevents traffic from using it as a rat run.
 
Soldato
Joined
28 Jul 2003
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4,144
Location
Dundee
I'm not sure what the benefits are to closing it off, it's not as if home owners either side benefit from the extra land.

How many people would you say are crossing through this area ?
 
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