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Who has the parking rights??

2

Comments

  • candykisses
    candykisses Posts: 163 Forumite
    edited 11 November 2010 at 10:12AM
    [aaaaaaaaaaaaaaaaaa
  • Alias_Omega
    Alias_Omega Posts: 7,917 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
    I agree that if you own the land, you can park what you want on the land, and if you wanted to prove to be difficult, you could park your car across this land to prevent anyone else using this land.

    I would compare the land registry plan with google maps, and calculate where you think things are.

    Does your house insurance not provide legal advise / cover for situations like this.

    You could post a link to google maps, to give us an idea on what your talking about.

    Regards,

    Alias
  • poppysarah
    poppysarah Posts: 11,522 Forumite
    If you park in the garage you won't have to declare a neighbour dispute when all affected neighbours get snotty with you about parking where they want their friends to park.

    Someone's come and spoken to you - so it's got to the point where it's annoying someone already.

    Is the bit of land you park on outlined in red on your deeds, and does it block anyone elses right of access?
  • lucylucky
    lucylucky Posts: 4,908 Forumite
    What point is your neighbour trying to make?

    Everyone has equal right to park in that area?

    If that is the case then I cannot see why they have bothered to come to talk to you about it. If you are not in the space then someone else can park in it. If you are then they park elsewhere. No big deal.

    (If it is your land then the above does not apply)
  • lucylucky
    lucylucky Posts: 4,908 Forumite
    Nosht wrote: »
    Legally a car park is the only permitted place to park a vehicle.

    N.

    What about the garage - is it not legal to park there?
  • Raggie
    Raggie Posts: 616 Forumite
    Part of the Furniture 500 Posts Combo Breaker
    Your neighbour says
    that her friend has as much right to park there as I do.

    assuming you agree with that statement.

    Then it must be "first come. First served", and that neither of you have a specific right of park?

    As long as the space exisits then it's ok to park.
    The only place where success comes before work is the dictionary…
  • Mum_of_3_3
    Mum_of_3_3 Posts: 658 Forumite
    Maybe there is an unwritten rule, where the piece of land the OP parks on is for visitors? Not that it helps the OP in any way, but it could explain your neighbours complaint.

    I can see from your neighbours point of view that if you have a parking space in front of your garage you should use it and keep the 'visitor bay' clear. Did you explain to your neighbour your reasons for parking there, maybe they would be more understanding then?

    I must admit, I can't see how your wing mirror could be hit, unless you are parked widthways across your garage? If you are parking lengthways in front of it (ie what most people would call normally parked) then surely it can only have been hit by the one of the neighbours who's garage is directly next to yours?

    M_o_3
  • candykisses
    candykisses Posts: 163 Forumite
    edited 11 November 2010 at 10:12AM
    aaaaaaaaaaaaaaaaaaaa
  • candykisses
    candykisses Posts: 163 Forumite
    edited 11 November 2010 at 10:13AM
    [aaaaaaaaaaaaaaaaaa
  • princeofpounds
    princeofpounds Posts: 10,396 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    I'm surprised the reaction here has been so negative towards you.

    It's hard to judge given we don't have sight of your plans, but the basic issue is twofold.

    A) Who owns the land. If it is shown on your plan at the land registry and no-one else conflicts with it then you own it and can subject to planning laws and so on use it as you wish.

    B) Who has an easement over the land. This is the complex bit. The first place to refer are the deeds. It sounds like there is a right of way, which can in practice means different things but usually means you cannot block traffic so if there is plenty of room for cars to pass, the right of way is preserved and you can still park. Or there might be a specific prohibition of any parking, or a bizarre clause like leaving space for a horse and carriage, or whatever!

    Then you need to consider the fact that an easement might have been created even if not on the deeds. If the neighbours and visitors have been using the space for years, they may have established a right to continue using it. They would need to go to court to enforce it however.

    I think lucylucky has given you the right stance. If it's a public parking space in some way, then you can park there just as much as anyone else or any visitor. If you aren't parked there then someone else can park there. Fine. just because you have a garage spot does not mean you are forced to use it.

    You have to be a bit sensitive as people tend to get uptight about these things and neighbour disputes are reportable on selling. However, someone telling you where you should be parking is not a dispute, it needs to be something material like a solicitors letter, a council complaint or something.
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