So what would YOU do ......

losgiganteskid

OK - here we have a situation of 2 identical flats, one ground floor, one first floor both Leasehold. There is a shared driveway with parking for two cars at the rear of the property, ie, dedicated car parking spaces for both the upstairs and downstairs flats.

The downstairs flat has a car parking space at the very end of the straight driveway and the upstairs flat has their dedicated parking space also at the end of the driveway but then to the left, behind the downstairs flat. Access to the upstairs flat's car parking space should always be available irrespective of whether the downstairs car is parked up or not.

The owner of the downstairs flat has erected a shed (without permission and in contrevention of the Lease), having the effect of making the drive shorter so that when she parks her car at the bottom of the drive in front of her shed this then blocks access to my car parking space ie no room for me to turn left into my space. Letters to the downstairs owner have been ignored - the freeholders have been informed but seem unwilling to take any action. Apart from me physically moving the shed has anyone any thoughts as to my best course of action.

lynzpower

Could you swap parking spaces and have the lease altered to that effect

just a thought

seabiscuit_2

sounds like she is blocking your right of way - id be on to the local council informing them of her shed and the fact it is causing her to park blocking your right of way (easement i think its called)

then id be on the phone to your solictor and get them to fully check your property deeds, in particular your right of way over this land, and then get them to start contacting her

otherwise its see you in court mrs neighbour

losgiganteskid

lynzpower wrote:

Could you swap parking spaces and have the lease altered to that effect

just a thought

Well I could, but then the owner of the downstairs flat is hardly likely to swap as then she wouldn't be able to park her car in what is now my space which would then become hers - if you see what I mean !! - then she would be on the forums bellyaching against ME !!

Bluelad_2

Have you tried speaking to the owner of the Flat/car/shed. If your words or letters don't have any affect, then maybe it would be time for a solicitors letter.

losgiganteskid

Bluelad wrote:

Have you tried speaking to the owner of the Flat/car/shed. If your words or letters don't have any affect, then maybe it would be time for a solicitors letter.

Yes - obviously a solicitor is the action of last resort - didn't really want to get into that viz a viz cost factor and then having a "falling out" with the neighbours" dispute which would have to be disclosed when and if the flat was sold.

Wondered whether I could get a couple of heavies to physically manhandle the shed out off the drive onto her back garden - any volunteers !!

qwopmnxz

id get a scrap car and accidently drive into her shed and knock it down... whoops.. it was on the driveway.. you should move it to your garden :P

losgiganteskid

qwopmnxz wrote:

id get a scrap car and accidently drive into her shed and knock it down... whoops..

It's a hell of a temptation

seabiscuit_2

you could otherwise, park your car in your spot whilst she is out, wait for her to get home and pick when its most inconvenient for her and knock on her door and insist she moves her car as you urgently need to go out

keep doing this until she gets the hint?

cattie

I think it may be worth trying to contact the freeholder/managing agents again regarding this before going for a solicitor's letter. Keep on at them if need be so they take your complaint seriously.

If you can get the freeholder to sort it out then strictly speaking it will not put you in position of having a dispute with the neighbours to have to disclose if & when you sell. It will just mean that the freeholder was enforcing the terms of your neighbours lease.

It's no good contacting the council as mentioned by another poster, as the land is probably private & they have no say over it.

I don't know if these people can advise you, I usually recommend them to people who wish to try to extend their leases, but it may be worth a try. https://www.lease-advice.org

Good luck anyway & hope you soon get it sorted as it must be dreadful to have such an inconsiderate & selfish neighbour.

clutton_2

Solicitors seems a bit extreme to me - why on earth do folks come onto forums and ask what to do, when it seems, (excuse me if i am wrong and have jumped to conclusions) that they have not spent some considerable time discussing it with the other person first - ok - you have written, why not talk to them - and go back and talk again ? Solicitors cause conflict by definition, that is their role - representing the "best interest" of 2 opposing parties.

A big smile, a friendly but persistent chat, keeping calm, and being willing to compromise is always the first step in my view.