Legal Q&A: can I make our neighbour share the drive?

I share a drive with my neighbour. The title plan has a dividing line between the properties that gives her more of the drive and cuts across part of our side. If a fence follows that, we won't be able to get into our garage. What can I do?
Question: I share a drive with my neighbour. We both have garages at the end. Two cars can just about pass on the drive but now my neighbour wants to put a fence down the centre to make two separate drives. This could be a problem as the title plan has a dividing line between the properties that gives her more of the drive and cuts across part of our side. If the fence follows that, we won't be able to get into our garage. What can I do? 

Answer: You may not have "shared" a driveway at all - you have simply been driving over her land to get to your garage. Look at your title deeds to see if there is a right of way over your neighbour's land to afford you access to your garage. If there is, there may be an obligation on you to contribute to the maintenance and repair of the driveway, and there may be a covenant preventing either of you from parking or otherwise obstructing the driveway.

However, if your neighbour owns most of the driveway and there is no right of way for you to use it, then she can erect a fence on her land, if she so wishes. Determine, too, whether boundary ownership is mentioned in the title deeds.

WHAT'S YOUR PROBLEM?
If you have a question for Fiona McNulty, please email legalsolutions@standard.co.uk or write to Legal Solutions, Homes & Property, London Evening Standard, 2 Derry Street, W8 5EE. We regret that questions cannot be answered individually but we will try to feature them here. Fiona McNulty is a partner in the residential property, farms and estates team at Withy King LLP (withyking.co.uk).

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