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    • voodoojimi
    • By voodoojimi 3rd Oct 17, 5:35 PM
    • 11Posts
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    voodoojimi
    Neighbours breaching title deeds, who enforces?
    • #1
    • 3rd Oct 17, 5:35 PM
    Neighbours breaching title deeds, who enforces? 3rd Oct 17 at 5:35 PM
    Sorry if this has been looked at before in the forums, but I had a quick search and couldn't find anything the same.

    I have a residents parking area behind my new-build house. Me/nextdoor have 2 allocated parking spaces owned by us. There are 5 other neighbours who have a garage and one allocated space. On the deeds, ownership of the car park and access road to the car park are divided between 3 of the houses and it says that they cannot be obstructed by any of us - this was done by the developer to save us having an RMA and paying service charges etc.

    3 of the neighbours are parking extra cars outside marked bays as they have filled their garages with other stuff and it is causing my family/nextdoor to have issues parking our cars due to lack of space. My neighbour has raised it with them after hitting one of the extra cars and damaging it and their own vehicle, but it was just laughed off by the other resident and they said they didn't care. The actual shape of the car park means it is easier for the rogue cars to get in and out than it is for me/neighbour.

    Anybody have any advice about what to do next/where to go? I'd prefer to try to resolve it amicably, but the other people involved don't see it as a problem and are pretty miserable & unapproachable (type of people who hide in their car until you go inside or look the other way when they see you). I contacted the developer, but they basically said it was my problem now I owned the house.
Page 1
    • mrginge
    • By mrginge 3rd Oct 17, 6:21 PM
    • 4,202 Posts
    • 7,472 Thanks
    mrginge
    • #2
    • 3rd Oct 17, 6:21 PM
    • #2
    • 3rd Oct 17, 6:21 PM
    Park your car in the space that they are parking theirs.
    • HampshireH
    • By HampshireH 3rd Oct 17, 6:45 PM
    • 118 Posts
    • 128 Thanks
    HampshireH
    • #3
    • 3rd Oct 17, 6:45 PM
    • #3
    • 3rd Oct 17, 6:45 PM
    Are they too home owners or buy to lets with tenants in?

    If rented out contact the landlord/letting agent. If not...... good luck, doesn't sound like you will be sharing neighbourly chats anytime soon
    • G_M
    • By G_M 3rd Oct 17, 6:46 PM
    • 41,459 Posts
    • 47,840 Thanks
    G_M
    • #4
    • 3rd Oct 17, 6:46 PM
    • #4
    • 3rd Oct 17, 6:46 PM
    Ideally, resolve through reasonable negotiation. If they escalate these things cause bitterness, stress, and potentially aggression.

    But you seem to have tried this. Keep trying?

    Doing as they do, eg parking outside designated areas and making life difficult for them in return might work. Or might result in vandalism which is impossible to prove even if you know full well who was responsible.

    The law is the final option. It costs and takes time. And as above it escalates matters with unforseeable consequences. But you seem to have a sound legal case (subject to actually seeing all the documents).

    A judge could make an order prohibiting the unauthorised parking. If that were ignored it would be Contempt of Court, which is a criminal matter.

    Do you have Legal cover as an add-on to your home insurance? Or cover provided by your employer or union?

    ps - tacks spread about in that parking area (but not the nearby road where you drive) is an option. Not that I'm recommending it.
    • HampshireH
    • By HampshireH 3rd Oct 17, 7:07 PM
    • 118 Posts
    • 128 Thanks
    HampshireH
    • #5
    • 3rd Oct 17, 7:07 PM
    • #5
    • 3rd Oct 17, 7:07 PM
    ps - tacks spread about in that parking area (but not the nearby road where you drive) is an option. Not that I'm recommending it.
    Originally posted by G_M
    This happened in my parents road. 1 person moaned about grass being driven on by "problem driver". Tacks suddenly damaged "problem drivers" tyres after being placed across their front garden. "problem driver" swiftly alerted community email group and the whole village was notified within hours, with a update several days later that police were making people aware to be careful.

    Completely humiliating for "moaner" whom everyone knew was responsible. Gave a few a giggle as they weren't the most warming of people
    • unforeseen
    • By unforeseen 3rd Oct 17, 7:09 PM
    • 1,760 Posts
    • 2,201 Thanks
    unforeseen
    • #6
    • 3rd Oct 17, 7:09 PM
    • #6
    • 3rd Oct 17, 7:09 PM
    ps - tacks spread about in that parking area (but not the nearby road where you drive) is an option. Not that I'm recommending it.
    Originally posted by G_M
    So why the f*** mention it?

    I've never understood why people suggest a criminal act and then try to pass it off as a joke.
    • Hedgehog99
    • By Hedgehog99 3rd Oct 17, 7:18 PM
    • 1,338 Posts
    • 2,778 Thanks
    Hedgehog99
    • #7
    • 3rd Oct 17, 7:18 PM
    • #7
    • 3rd Oct 17, 7:18 PM
    Cones can sometimes be effective. 5crewfix do a pack of five.

    Of course, you risk losing them, but the mere effort of the problem parkers having to get out and move them might make them think.

    Sometimes cones can have an air of officialdom about them - where I used to live, it was a soulless no-one knows anyone area with a high tenancy turn-over, so little chance of getting to explain in person & if you did, you'd have to start again every six months. The cones (and some stripey red & white cordon between them) did the trick.
    • Roverboy1965
    • By Roverboy1965 3rd Oct 17, 8:51 PM
    • 3 Posts
    • 0 Thanks
    Roverboy1965
    • #8
    • 3rd Oct 17, 8:51 PM
    • #8
    • 3rd Oct 17, 8:51 PM
    The absolute last resort is to get a PPC in and a permit scheme for residents and parking only in designated bays.
    • Cakeguts
    • By Cakeguts 3rd Oct 17, 8:56 PM
    • 2,856 Posts
    • 3,912 Thanks
    Cakeguts
    • #9
    • 3rd Oct 17, 8:56 PM
    • #9
    • 3rd Oct 17, 8:56 PM
    Is what you are saying that there is a carpark owned by 3 houses that other neighbours are using because they don't want to park in their garage? If this is the case those neighbours who don't have the right to park in the car park are effectively doing the same as parking on someone else's drive. Do the people who shouldn't park there know that it is a private carpark?
    • iammumtoone
    • By iammumtoone 3rd Oct 17, 9:00 PM
    • 5,062 Posts
    • 10,317 Thanks
    iammumtoone
    Are the neighbours who are causing the obstruction allowed access to the car park?

    If not can you put up posts and a chain with a lock and only give keys to households who are allowed access, more of a pain for you to get your cars in/out but will solve the issue.
    • PasturesNew
    • By PasturesNew 3rd Oct 17, 9:54 PM
    • 60,281 Posts
    • 352,193 Thanks
    PasturesNew
    There are two parties here:
    - the ones who own the land
    - the ones who are illegally parking.

    If the two are the same they have more "clout" to breach the agreement.

    I live in such a development, every square inch is owned by specific houses. One parking spot/house. Agreement says all the rest should remain free of cars.... but, of course, people don't. They park willy nilly. There are NO visitor parking spots - but visitors park "anywhere they fancy".... I put a notice up on my bit of land and nobody parks there now. I figure it's up to the others to defend their land in the same way if it bothers them, but a lot don't know "the rules/way it works" as they rent. So long as they don't park "on my land" I don't care.... as I can always get out if nobody's on my bit.

    If the people who are parking illegally are also the owners of the land you have a tougher job to get them to change their ways - and you'd have to take them to court, at your expense. Theoretically, with all the paperwork spread on a table, they'd lose ... but at a cost to you.

    Is there any mileage in forming a "Residents Group: Not tasked with changing any rules or amending them, but enforcing rules where others are being inconvenienced"? It might be that if many neighbours were to be pointing at the deeds they might back down, or a workable compromise might be found.

    It is VERY annoying when you buy something and you "buy into the rules" - only to find that some neighbours are peasants and don't.

    New people moved in to where I live a couple of months back; I spoke to them as they were moving and she said "There's one parking space, but we thought we'd park our other car where we liked".... and they've actually got TWO cars AND a van!

    Some months back a neighbour popped out her rear gate to walk her dog - and returned to find her gate blocked by a "random car", that turned out to be visiting somebody who they could easily have blocked in as who they were visiting have two parking spots side by side and in an end spot, so easily done ... instead, they chose to block another random person's gate! What sort of thinking is that?
    Last edited by PasturesNew; 03-10-2017 at 10:04 PM.
    • PasturesNew
    • By PasturesNew 3rd Oct 17, 9:57 PM
    • 60,281 Posts
    • 352,193 Thanks
    PasturesNew
    Are the neighbours who are causing the obstruction allowed access to the car park?

    If not can you put up posts and a chain with a lock and only give keys to households who are allowed access, more of a pain for you to get your cars in/out but will solve the issue.
    Originally posted by iammumtoone
    With a lot of these type of developments that's not possible as there needs to be access for: bin lorries, fire brigade, postman, deliveries, etc to come and go. You can't stop essential services arriving at people's homes - and if it's a "mews type" of new development, all vehicles turn off the road into "the parking area" behind the houses - and it'd be wrong/illegal to prevent people getting their Friday night takeaways and Littlewoods dresses delivered
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