Shared Access - Drive ways. Please help!

[Guest PaulandVicky]

We are living on a shared access drive.

 

our new neighbour has decided to place a free standing basket ball net on it - outside his garage, however still on the shared drive and feels its his right to be there and will not remove.

 

We have done the reporting thing, and a letter has gone out to all neighbours to stop playing basket ball, -however still playing (they have received the letter) !!!!! and rang agent today in which our reply was "well can you both not come to an agreement so the basket ball can be played" which made us feel she has gone back on her words in the letter she posted 2 days ago!!

 

Does anyone know any legal justifications we can put forward for its removal....so we can put an end to the misery!

 

thanks in advanced.

[Guest Guest5035]

We are living on a shared access drive.

 

our new neighbour has decided to place a free standing basket ball net on it - outside his garage, however still on the shared drive and feels its his right to be there and will not remove.

 

We have done the reporting thing, and a letter has gone out to all neighbours to stop playing basket ball, -however still playing (they have received the letter) !!!!! and rang agent today in which our reply was "well can you both not come to an agreement so the basket ball can be played" which made us feel she has gone back on her words in the letter she posted 2 days ago!!

 

Does anyone know any legal justifications we can put forward for its removal....so we can put an end to the misery!

 

thanks in advanced.

 

tricky one, presuming its a rental, also presuming your other neighbours play basketball or is it the way you worded it, what was written on the earlier letter and are the other neighbours being affected by the access, failing an agreement just bend the bloody thing in 2 overnight.

 

stevo

[Guest PaulandVicky]

Love the bending and shot gun idea, its a wee bit criminal tho... he he..

 

There are other family on (what we have nicknamed - "the estate") Their children play with it too.. So not supported by them either.

 

We have rang our agent, and gave reasonal justification, then written a vast email, which then sparked her to send the letter out as per what she says has the landlords agreement. So obviously he ain't happy about ball games???

 

The basket ball owner said that the agent had agreed it could go up and told us "the lad will continue to play until its sorted" no apology or could understand our points we made... Ignorance. Speaking with the agent recently she has retracted and not offered any support and said "can the lad play for 30 minutes a day" - what! (I here you say!!) .....My point exactly.

 

We are trying to find some legislations/acts that can get them to remove it - for good!

 

Thinking the public liability route - anyone know???? Please help!!!

 

more jokes too!! I like it!! Ha ha!!

[NicF]

What is it you are unhappy about - the basket ball hoop or the fact that the kids are playing in the shared driveway? If it's the kids playing I don't think you have a leg to stand on to be honest, and taking the basket ball hoop asay wouldn't stop them playing - they would find something else to do instead. I'm really struggling to understand the issue unless you a saying that the hoop is blocking the driveway or that the kids don't move out of the way when you are trying to get in and out, in which case they are obstructing your right of way and you can get legal representation to ask them to move the hoop out of the way and the kids to move when you want to get past. I'm not sure you can ban them from playing in that space though.

[catherine.c]

What is it you are unhappy about - the basket ball hoop or the fact that the kids are playing in the shared driveway? If it's the kids playing I don't think you have a leg to stand on to be honest, and taking the basket ball hoop asay wouldn't stop them playing - they would find something else to do instead. I'm really struggling to understand the issue unless you a saying that the hoop is blocking the driveway or that the kids don't move out of the way when you are trying to get in and out, in which case they are obstructing your right of way and you can get legal representation to ask them to move the hoop out of the way and the kids to move when you want to get past. I'm not sure you can ban them from playing in that space though.

 

 

My thoughts exactly, your post does not make it clear what the issue is which makes me wonder if your neighbours do not understand the issue either?

[jim and adel]

I'm with the 'I don't understand' respondents. I get that your neighbour's kid is playing basketball on a shared driveway, but what's the problem? Is the equipment stopping you from accessing the driveway, is the playing causing a disturbance at night, has the ball gone through your window? Clearly something is causing 'misery' but without knowing what it is it's hard to suggest any legal justification for its removal.

[sidestep]

Has it occurred to anyone that it might just be bloody irritating having this used right next to you?

 

Sadly there are many parents these days who buy little Johnny things he can play with outside with no regard to their neighbours, the basketball hoop in question being a good example. If it were on a private drive then no prob but a shared drive means each person should think twice before doing anything on it.

 

My guess is it'll be a passing fad and after a few weeks will be used less and less so the issue will more than likely fix itself. Just better hope it doesn't get a skateboard instead.

[Sallyh]

oh come on!!!!!! I guess lots of people are irritated by things, but that may be more to do with the sensitivity of the person who is irritated. If the basket ball was in their backyard, but close to a neighbour's wall, could that be described as "bloody irritating"????? It might be but it's no different. Maybe it's better when hoons drive up and down the street at night? Don't alienate yourselves by having issues with things that are not really issues. Kids play outside. We used to play kirby in my parents' culdesac and the ball would often hit the fence of the neighbours if one of us missed catching it, and I guess one could describe that as a shared road. Think on Community and what that can look like. I want my children to play close, I don't want them alienated and sent elsewhere.

[Guest Lanesra]

Why are we called whinging poms again??

[xzibit]

Trouble with living next to kids unfortunately. This is a reason we didn't buy a house we were interested in due to a shared driveway and the possibility of issues.

 

Wouldn't annoy me unless the ball was being hit against the windows or car though.

[ladycasper]

Thing is when a ball is being bounced outside you can hear and often feel it. (We had a neighbour with a basket ball ring outside 3 houses up and you could hear it !! )

If you have a headache or trying to sleep its not nice. What really bugs me is that people should have manners and consideration for others thats how I was brought up. As children we were in big trouble if we were a nuisance to others. Yes kids have to play but not as the cost of others.....

Same with music playing..If its for a short time and late at night on New Years Eve thats fine but not at 1030 on a school night....

 

And dont get me going on barking dogs !! those people who leave them outside, never walk them and they bark all day pissing everyone else off..

 

Its not really a case of whinging poms but having consideration.

 

I suppose shared driveways are a pain yes where ever you live but really whats wrong with them playing in their own garden ?? driveways are for cars.

[Sallyh]

Just stretching your legs???!!! Ah well. I guess I would hope we can still think about those kinds of things when we post!!

[Guest PaulandVicky]

Problems- the shared DRIVEWAY is for cars to access the property. The kids (teenagers) are standing and bouncing the ball right outside our property and lobbing it to try to aim the ball in the net which is outside there garage.

 

Would you be happy if people started bouncing the ball on your driveway? Screaming and shouting - this is what it's like.... We are renting, and tendency states regarding damage to outside and inside of the property. Obviously the kids cannot play proper basketball as its banging against the metal fences, plants, garages and presuming hitting the cars too (including ours). So where do we stand if they damage our property? We have put this to our agent that we will not be responsible for any damage....blah blah..blah...

 

We have advised our agent the potential cause of damage to properties, the nuisance it's causing ( having a basket ball bouncing right outside your front door and the echo it creates is not a pleasant sound - having an open plan lounge/kitchen as well you can here it everywhere in the house. The tenant in question has a front and rear but as they are new builds they are not good for space which does not allow for the bouncing, why he has chosen the shared drive to put that ugly thing.. Emmmm...Thinking of himself and not the kids when choosing a house with no garden space...very cleaver.

 

We chose where we wanted to live because we knew the back gardens were on the small side restricting neighbouring games etc... But not on the understanding the DRIVEWAY would be used as a playpen.

 

Oh just to add we have two local parks near by, WITH basket ball courts... Parents should take there kids to the parks and spend quality time perhaps??? .....Is it me, or are they just d@m right selfish and lazy! Gee your lucky to get a park in the uk to play in! Let alone having two on your door step....geeeesh..

 

We are now writing again to our agent, and going down the Liabilty route of the net being there ... if that falls who will be responsible for property damage or people/ medicare?. Please keep me posted if you hear of any legel terms or any tendency Citizen Advice place to go to.. I tell ya, It's a Pain in the bleeder....

[Diane]

To be honest, I love the sound of kids playing outside and having a good time. Far better than them sitting indoors on a playstation all day long. You've moved to a country where sport is almost a religion, and if your neighbours encourage their kids to do something outside and active, good on them! Perhaps if they didn't have a basketball net they'd be hanging around on the street corner dealing drugs.....

[Guest AngPhil]

If you live next to a family it is probable that the kids will play out. At least they are playing basketball and not tuning up motorbikes. If it late at night or early in a morning I see your point, but other than that I think you will just have to live with it.

 

I'd not have a problem with it at all, but I have kids. I think it is one of those things, you find it a pain as you are not seeing it from their point of view. If you want complete peace and quiet you maybe better looking for a house with no neighbours. I doubt there is a law stopping kids playing out.

[Guest PaulandVicky]

Parks, parks, parks - that's what they are there for? To Play in??

 

Private gardens - for whatever you want to do in it play, dance, eat....

 

Streets - is for public for driving and walking/running/cycling

 

DRIVEWAYS - are for cars!

[DAVID.CHRISTINE]

Sorry cant help with the legal side but feel for you nothing worse than shared drives been there done that ,As there teenagers surely they would be happier to go off to the park ,hope you get a result soon

[Sallyh]

I've changed my mind now. I agree. Children should be seen and not heard. That is why we moved to Australia, so we could ignore our kids indoors (ok well occasionally outdoors too) and sit inside and take advantage of the highest electricity prices in the world. Then when we are all obese and draining the medicare system with our medical bills we will all be so glad we didn't have to actually see or hear anyone else while we were living next door to other families.

 

or maybe not.

 

I think there's a definition of selfish and it may include speaking about other people the way some on this thread (including the most recent by the OP) are doing so.

 

Here's a newsflash. You can have trouble with "noisy neighbours" regardless or not of whether a family have been selfish and not considered their children by moving in to a house with what you deem to be insufficient space outside. In our last house for example a man next door whose house was a total physical disgrace, and a health hazard, used to have a shower with his window open and used to let out the most blood curdling yells. Every day. It frightened the kids, it frightened me. We had to learn to "deal with it" by closing the window and accepting he obviously had mental health issues, including sensory issues.

 

Some of us with children (even those inconsiderate enough to keep their children at home for their learning, prolonging their neighbours' nuisance) encourage our children to think about the noise and keep it down to acceptable levels outside. I have spoken to each set of neighbours (widowed, retired) and just checked they don't mind. On the contrary. they love it. They haven't isolated us, or themselves, and right now as we speak I am helping one of them with a BOUNDARY dispute with the man who has bought a house the other side, and is threatening, bullying and abusing my elderly neighbour. Sometimes people with noisy children have generous hearts even when their own workload, stress load and emotion overload seems to dictate pulling up one's own drawbridge.

 

You have no right to judge someone else's time and attention to their own children. You have no right to say they chose the wrong house. Maybe you did? MAybe they struggled to get a rental just like everybody else - even those with beautiful children. Another newsflash - my children GOT me this rental. They impressed the agent. All 4 1/2 of them.

 

Maybe it would be better if you lived somewhere everyone keeps their kids inside, the daylight hours are shorter (limiting your discomfort) or maybe you should rent a detached place in the hills? Or did you not have a great deal of choice when you rented your place either?

 

I see a lot on this thread that is ignorant at best.

Edited January 17, 2013 by Sallyh

[Guest AngPhil]

I don't think there is a law to say what you can and can't use a driveway for. I think you'd be better worrying about something else, don't think you are going to get anywhere. Oh, maybe just p@@@ing your neighbours off further!

[jimmyskinner]

Hi Paul & Vicky should have asked advice from just people without kids.................

[Guest PaulandVicky]

Like i said if anyone knows anything about driveway laws please let me know. Cheers.

[Guest PaulandVicky]

Lol... I know... Ding ding .....it's my mouth and honesty and fact...

[Sallyh]

google it. Also you can ring the office of consumer and business affairs. There are also legal help advice lines for free. Just done all that with my neighbour.

[Anne B]

I must say I've enjoyed reading this thread ... nothing more entertaining than some opposing opinions

 

For what it's worth, we (unable to find a better rental) lived in a new courtyard home for a year in very close proximity to our neighbours. They are the most awful of homes in my opinion, with their tiny gardens and noisy metal fences. We had teenagers on one side, with a table tennis table, and there was quite a bit of noise some summer evenings when they had all their mates round. It was only the noise of people having fun. Once school started up, the late evenings and socialising stopped and we didn't have any more noise - so you may find that in a couple of weeks time the problem will be gone, or substantially less.

 

We didn't ever complain, even though the neighbours in question had a yappy dog (which was far more annoying than the teenagers), I felt we were only renting and weren't going to be there long and it wasn't worth making enemies. When we left the neighbour unexpectedly gave my husband a six-pack of beer, said we'd been good neighbours and wished us luck. It's all about compromise, and a bit of give and take.

[Sallyh]

The other thing about complaining... is that agents don't like it. They don't want to have to referee between 2 sets of neighbours. That is a nightmare for them. Organising repairs is bad enough (and we all have to report a number of those each year). Far better to work with people where they are at. "Great to see you enjoying yourselves lads, is it ok for you to move over there a bit away from our window? That'd be great".