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Parking in shared alleyway, Buying land and building garage?
single_lonely
Posts: 284 Forumite
New next door neighbour has been converted to 4 bedroom house, business and a flat upstairs. (see other post for related info, if interested!).
In the picture im no. 13. No. 15 flat is occupied and other neighbours 1-5 are concerned as there is no parking left on there side. Bloke at 14 is causing problems by parking in our shared alleyway (You have to reverse out and its cobbled road, as bedrooms have windows open they wake me up at 2-5am).
I've lived here 25 years and no-one parks here (used as access).
Do I have any legal respite? Alternatively would it be wise to purchase my half (it isn't in the deed, checked). Can he build a garage on his side without my permission?
KEY FOR PICTURE:
(yellow are boundaries as in deeds, black are houses, blue are pavement, red line doors and green are gates).
(http://i697.photobucket.com/albums/vv332/whylove_/parking_zps7k6to7le.jpg)
In the picture im no. 13. No. 15 flat is occupied and other neighbours 1-5 are concerned as there is no parking left on there side. Bloke at 14 is causing problems by parking in our shared alleyway (You have to reverse out and its cobbled road, as bedrooms have windows open they wake me up at 2-5am).
I've lived here 25 years and no-one parks here (used as access).
Do I have any legal respite? Alternatively would it be wise to purchase my half (it isn't in the deed, checked). Can he build a garage on his side without my permission?
KEY FOR PICTURE:
(yellow are boundaries as in deeds, black are houses, blue are pavement, red line doors and green are gates).
(http://i697.photobucket.com/albums/vv332/whylove_/parking_zps7k6to7le.jpg)
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Comments
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Looks like he is parking on his property. What, if any, access rights do you have over the cobbled road and is his parking there obstructing this ? If none then it looks like you are going to have to live with it. Any perceived parking problems should have been brought up with the council at the time of the planning application. If it is his land then, providing the council allow it, he can pretty much build what he wants on it and you purchasing the other bit would have little effect on that.0
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This one?single_lonely wrote: »New next door neighbour has been converted to 4 bedroom house, business and a flat upstairs. (see other post for related info, if interested!).
https://forums.moneysavingexpert.com/discussion/comment/68195517#Comment_681955170 -
For example with a shared driveway you would both own the whole driveway and both have rights to use it. You would both be responsible for maintenance and neither part could stop the other party from using it. But I suppose you could own one side but have access rights over the other side but I would have thought this unusual.
If it is not in the deeds then is this cobbled road just that? A cobbled road which is part of the normal highway? You might use it for access but do you actually have anything stated in your deeds that say you have rights over this land? You said no - double check because if not I suspect this is just a normal road.
You need to check your deeds and/or seek further advice on this from a professional.0 -
So No. 14 is parking in the cobbled road? Is this a public highway? If not, who owns it? And who has rights of access?
What is the significance of the yellow box around No. 14 which seems to extend into the cobbled road? Is he parking within the yellow box? Does he own it? Have you downloaded both your, and his, property Title Plans from the Land Registry?
How does any of this relate to no.s 1-50 -
It depends what access rights you have. If you have the right of unrestricted access over that road then he is violating it and you might get a solicitor involved. But where does the road lead to? Gardens? Allotments?Changing the world, one sarcastic comment at a time.0
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The Arrows show where cars are normally parked. No1-5 are complaining as they have limited car parking spaces now.. He is parking within the yellow box. Its marked like that on the title plans on the land registry.So No. 14 is parking in the cobbled road? Is this a public highway? If not, who owns it? And who has rights of access?
What is the significance of the yellow box around No. 14 which seems to extend into the cobbled road? Is he parking within the yellow box? Does he own it? Have you downloaded both your, and his, property Title Plans from the Land Registry?
How does any of this relate to no.s 1-5
Im not sure if the cobbled road it public highway? he owns the yellow box, who would own the rest as i do not? I and the previous neighbours have always used it as access and never parked there.0 -
If he owns the yellow box then he can leave his car there.
Unless others (you?) have a right of access that he is blocking. Look at your Title documents. Do you?
And if he owns the yellow box (which extends to include half the road) then clearly the road is not public highway!
Try doing a May Enquiry at the LR to see who owns the rest of it (assuming it is registered).
(and I still don't see why any of this affects No.s 1-5, or why their parking issues are relevant to you)
Well until you know who owns 'your side', you won't be able to buy it!would it be wise to purchase my half (it isn't in the deed, checked). Can he build a garage on his side without my permission?
If he owns the land, he can build a garage if he gets
* Planning Consent (you could object)
* consent from any freeholder (asuming he is a leaseholder)
* consent from anyone with any other rights to the land eg right of access0 -
Ive added the message in redLooks like he is parking on his property. yes What, if any, access rights do you have over the cobbled road and is his parking there obstructing this ? historic public right of access, I have lived here for 35 yrs and its not been fenced off, garage built (or cars parked for that matter) If none then it looks like you are going to have to live with it. Any perceived parking problems should have been brought up with the council at the time of the planning application. There has not been any planning application for it! If it is his land then, providing the council allow it, he can pretty much build what he wants on it and you purchasing the other bit would have little effect on that.0 -
road used to lead to main road (but highway changes happened 10 yrs ago meaning its a dead end). Thus you drive in and have to reverse out! Its not safe seeing there is a school entrance opposite the road.It depends what access rights you have. If you have the right of unrestricted access over that road then he is violating it and you might get a solicitor involved. But where does the road lead to? Gardens? Allotments?0 -
single_lonely wrote: »road used to lead to main road (but highway changes happened 10 yrs ago meaning its a dead end). Thus you drive in and have to reverse out! Its not safe seeing there is a school entrance opposite the road.
Reverse in and drive out?It's someone else's fault.0
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