Communal Driveway Issues

G

gillers01

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We are buying an old building and dividing into two houses. There is a small area out the front for parking and we have agreed that while the ideal scenario is that we have it split physically in two ultimately, penultimately we are applying for it to be a communal property in the deeds. It has been explained to us that down the line we can apply for a different planning permission to get the front driveway changed and what is on the deeds is non relevant.

The reason we are not applying for the dual driveway is that the architect feels we are pushing the boat out as it is with planning permission and it will antagonise the planners further if we go for something else at this stage. Better not annoy especially since a relatively recent request was refused. It's a protected building.

I cannot imagine anything worse that having to worry that my house visitors are parked on the wrong side of the communal area when they come to visit. I can't imagine anything more awkward than having my mother take the side off the neighbours car due to dodgy reversing. It's so important that we get this driveway divided.

Does anyone foresee a problem with the deeds going ahead as communal?Does anyone have any advice based on personal experience .Can anyone foresee any problems with the way we are going ahead? (For the purposes of bank loan/solicitors work)
Ta
 
Initially there is one set of deeds and when you divide the house are you going to do this legally, as in sell one side or transfer to someone else?
 
Communal parking is often contentious, plenty of threads on here over the years of people having problems, though generally in larger developments. As it's protected, you may not be allowed divide it in two regardless of the driveway.

Going for communal driveway and hoping to split it in the future is a risky strategy. Was your relative's request for the same building or another? If another, was it a similar situation?

How about calling the local authority planning department and talking this through with them? You can arrange a pre-planning meeting where you can outline your proposal and get their feedback.
 
So in effect changing the deeds from one to two sets. I hear you Leo. Definitely may not be allowed to split the drive physically due to planning issues . We are going to try. Actually, we have decided to legally split the drive right down the middle and just give each other rights of way over the areas that need to passed over. Can't see an issue with this.
 
Use large planters to divide the parking area. Make them big enough that you need a fork lift to move them. A temporary solution but permanent in practice.
 
Communal parking is often contentious, plenty of threads on here over the years of people having problems, though generally in larger developments. As it's protected, you may not be allowed divide it in two regardless of the driveway.
Click to expand...

My advice - Don't do it..........agree with Quote above
 
You really need legal advice. You're going to divide it into two separate titles, but the parking area cannot be split you say. So one of the titles will 'own' all of the parking, but I assume you can then give a 'right of way/parking' to a particular side of the parking. That should solve it but check with a solicitor what can and cannot be done.
 
If the building is protected, you may not be allowed to split it into two units. You do need professional advice.
 
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