Neighbour issue I need advice as he is blocking my front door access!

[Deleted User]

littlemiss8084 wrote: »

My deeds show the whole driveway coloured in yellow, which according to my interpretation of it should give me free and unrestricted access to walk across the whole thing without any obstacles?!

I'm afraid that's not quite the case. You have an easement over the land which gives you a right to access your property, not a right to walk anywhere over the land on which the easement takes effect.

Easements are pretty archaic relics of property law designed to provide access to landlocked-land (e.g. if you owned a field within a field).

So, you are legally entitled to have a route to your door but it doesn't mean they can't park on the driveway. It's a driveway: that's what it's for.

It does mean that if he unreasonably obstructs access to your door though that he is disrupting the easement.

I have no sympathy for antisocial people like your neighbour, and if you don't really care about your relationship with him then I'd take a much tougher stance. Tell him to stop parking his car near your door as you need to access it. If he doesn't respond, report him to the police and let them ASBO him. This is what they were designed for!

myrnahaz

I'd certainly ring CAB because I'm pretty sure that it's illegal to prevent someone leaving their property (ie, a car parked across the driveway that stops you getting out). Maybe the community police could help (do you have PCSO's patrolling your neighbourhood?) - ring the local police station.
OP, You'd better book a home-birth just in case!

duncan303

"Obstruction" is a familiar legal issue defined in the Law of Easements , there is also a vital distinction between temporary and permanent, (parking a car is by its nature temporary). If the covenantee can pass the obstacle without having to trespass on land belonging to another.

It is all in the wording of the "express grant" that both the parties appear to have, both need to reveal the documents to each other.


...

oscardog

Fit a sturdy metal edge to your door then every morning open the door without a care in the world.

Oh no - it seems to keep denting his car!!!!!!!!!!!!!!!!!

Not really but you never know;)

frannyann

littlemiss8084 wrote: »

Well I have spoken to the management company who were fairly helpful but wont get involved. They do not have a copy of his lease but believe despite him being the lessee of that section of land he should not be able to park on it, the access is to his garage. By parking there it will block access to other properties and gardens which contravenes other peoples rights it should be full and unresticted access accross the whole width and length of the driveway . Their advice was if it continues see a solicitor! At least it confirms the situation, shame I have to pay out more to get this sorted

In that case, the management company SHOULD get involved in the first instance by writing to him to inform him he should not be parking there. We also have a similar thing with our garages, we should not park anywhere in the shared driveway. However between the garage owners we have an agreement to park in a certain way as the car park is too small for the amount of cars belonging to the flats. Its all about being neighbourly.

duncan303

This is now all down to the specific wording in his title.

But let me say a right to access a garage is NOT a right to stop on the way.

This comes from any right of way/passage between two points only provides for access between those points, one may not use it to access another point on the way or a point further on. Furthermore a right to "pass" does not include the right to stop one has to keep moving. There can be further limits on type, duration and time.

So your right to pass would not provide for you to perform a Gormley should you so wish.

To clarify: If he only has the right to pass to reach his garage he may not "Stop" on the way.

You need to force him to reveal. Please could you tell us how far have you got with your research on this issue.


...

littlemiss8084

Absolutely no were.... he wont even have a conversation with me so not quite sure how I can get to see his lease. However, I do have a neighbour on the other side who I get on really well with who has similar rights over the driveway their side and its her garage at the end so am assuming her lease would be more similar to his than mine She is going to dig hers out so we can have a look so hopefully this will give away a little more. Thanks for your help.

terryw

littlemiss8084 wrote: »

Absolutely no were.... he wont even have a conversation with me so not quite sure how I can get to see his lease. However, I do have a neighbour on the other side who I get on really well with who has similar rights over the driveway their side and its her garage at the end so am assuming her lease would be more similar to his than mine She is going to dig hers out so we can have a look so hopefully this will give away a little more. Thanks for your help.

Worthwhile obtaining a copy of your inconsiderate neighbour's house details from the Land registry for a very small fee.

duncan303

terryw wrote: »

Worthwhile obtaining a copy of your inconsiderate neighbour's house details from the Land registry for a very small fee.

Well spotted terryw for some reason I had assumed that this had already been suggested on this thread, First port of call. Lets hope then it is registered and the OP can cut and paste section A:Property Register

Just to be on the safe side I would also obtain the title plan for an extra £4

http://www.landregistry.gov.uk/wps/portal/Property_Search


..

littlemiss8084

As requested, section A of the Property Register....

1 (19.12.1990) The Leasehold land shown edged with red on the plan
of the above Title filed at the Registry and being X (his property) The Vale.
NOTE: As to the part tinted blue on the filed plan only the upper
maisonette is included in the title. - this shows his property, garden, garage and the driveway.
2 (19.12.1990) Short particulars of the lease(s) (or under-lease(s))
under which the land is held:
Date : 30 December 1988
Term : 200 years from 24 September 1956
Rent : £50
Parties : (1) X and Y (names removed - leaseholders)
(2) Z (name removed )
NOTE: A copy of the Lease dated 24 September 1956 is filed under
MX329187
3 (19.12.1990) There are excepted from the effect of registration
all estates, rights, interests, powers and remedies arising upon,
or by reason of, any dealing made in breach of the prohibition or
restriction against dealings therewith inter vivos contained in
the lease.
4 (19.12.1990) Lessor's title registered under MX307712.
5 Unless otherwise mentioned the title includes any legal easements
granted by the registered lease(s) but is subject to any rights
that it reserves, so far as those easements and rights exist and
benefit or affect the registered land.