shared driveway

[wainy2]

I share a driveway with my neighbour who is a council tennant, I am a home owner and have lived in this property for 2 years. My neighbour asked the council whether he could have gates put on the shared drive without my permision and the council come while i was on holiday and attached two gates , one on his post and one on mine. When i come back i told i didnt want them and that he should tell the council to take them down, but he disagreed so i detached the gate on my post myself one friday evening. He got the police to me saturday morning trying to do me for criminal damage, but the gate was not damaged, so i told the police i would be calling the council first thing monday morning. After weeks of discussions with the council i told them there were no reason for the gates as both front and back gardens are secure, now the council are insisting that the gates go back on and that they will come to put a new post in next to mine. The council say he doesnt need a valid reason for the gates but by putting another post in this will narrow the drive even more and give me around an inch between my car wing mirrors and the posts, which in my eyes is not allowing me acces to the back of my property if i needed it. Are the council by law allowed to attach gates on the shared drive?

[kwicky]

When your house was bought details of the shared drive should have been on your deeds. What does this say?

[Catso]

You said 'one on mine [gatepost]' - is that gatepost on your land, as defined by your deeds? If so, they trespassed on your land when fitting the gate, and carried out criminal damage by fitting it. Tell the council you'll be prosecuting them.

[Golden Shred]

Before anyone can offer an opinion we need to know what it says in your Registration/Deeds about the shared driveway. Could you print the exact words here, please?

[kwicky]

I think the 'shared driveway' statement says it all. If he had gated off one side of the driveway you are no longer able to share that part. I'm sure you are in the right in pursueing this!