neighbour parking dispute !!

dannyboybath

I have right of way to get to my parking space which is at the end of a shared drive. Due to subsidence caused by water running off this drive into my space it is unusable and with my neighbours verbal permission he allowed me to park on the driveway.
(Parking on there does not cause an obstuction to anyone as it is just to get to my space at the very end) however he has now retracted this and accused me of tresspass (which is worthless) but instructed a clamping firm to clamp me if i park there again ( or so he says) what are my rights ? yes its his land but i have right of way to get in and out of my space but cant due to damage caused by his lack of drainage on his drive. I have tried to reason with him but he wont talk except to say its his land and he only gives me permission to get in/out my space Not to park there on the drive. yes i know thats whats written in the deeds but its not my fault i cant use my space and what about being good neighbours ? can i get clamped ?

atrixblue.-MFR-.

who's responsable for repairs to your parking space him or you? if its written in the deeds that you have access to your parking space via his drive way you dont have permission to park on his side of the drive. if he says he give you permission but now has retracted this then you have to respect his wishes unfortunatly, as for clamping you i believe this is an empty threat to prevent you parking in his drive way.
they way to resolve this is to repair your parking space as soon as possible, and not to exchange blows any further, last thing you need is a neighbour parking war. if he owns the land of the drive and you despute further he may retract his good will of the entry/exit of the drive and have it removed from the deeds.

if the parking space your designated is just dirt try and pitch falk holes in it to drain the ground when wet and dry out then put stone down, if its concrete then youll just have repair if your responsable or park on the street.

paulofessex

To aviod a long drawn out neighbour dispute battle can you consider repairing the drive yourself and then sending him an invoice for half the costs if you are certain it is his responsibilty.

I do wonder how the neighbour would stand if he decided to buy a clamp and clamp your car himself if parked on his drive, not impossible, however he would leave himself open to criminal damage charges should he damage your car whilst clamping/unclamping

sandraroffey

this all boils down to who owns the space you have to park on. if its yours ie. its part of your house deeds etc, then you have to repair it. and soonest, and i think, regardless of the bad drainage from his.he doesnt have to let you park on his drive.

sandraroffey

just a thought. if the parking space is yours, as said above, can the repairs not be claimed for on your buildings/housing insurance???? then, if it is found that the damage has been caused by another parties poor maintenance, they will claim it back from him.

Pimpslider

sandraroffey wrote: »

just a thought. if the parking space is yours, as said above, can the repairs not be claimed for on your buildings/housing insurance???? then, if it is found that the damage has been caused by another parties poor maintenance, they will claim it back from him.

:think: Good thinking Sandraroffey.

It's not been mentioned, but are these two properties owned, or council owned?

ankspon

I would think the neighbour is responsible for repairs to the said driveway if damage is caused by the neighbours property having insufficient drainage.There are also new laws regarding drainage and if the neighbour is getting stroppy i would contact the council and ask them to get involved

Coupon-mad

Just to add that clamping can only be undertaken by someone who is appropriately SIA registered, and there need to be sufficient, visible warning signs making it clear (telling motorists about the risk of clamping, and what the release fee would be).

If he just says he's going to clamp your car, that would be illegal and I hope that the Police would act and get him to remove the clamp, if ever it happened. The Bib are not great at supporting people against rogue clampers but they do usually check that there are signs in place AFAIK.

I would be looking to repair the parking spot as well, not so easy if you are leaseholders or renting though.