Neighbours blocking shared Access-way - no dropped Kerb

makara

Although ours is an Access-way rather than Drive-way - I wonder if the quoted part in this link (see final part of the link, called "Shared driveways"...) means we have a case re. the Rubbish being left in the Access-way entrance - as well as the vehicles being left "in the way" -


http://www.boundary-problems.co.uk/boundary-problems/openplan.html


Neither neighbour has a right to store anything (such as dustbins, stocks of gardening or building materials, tool stores, etc) on the shared driveway as this would obstruct their neighbour's right of way

ChumLee

http://www.boundary-problems.co.uk/boundary-problems/priv-r-o-w.html

Enforcement will not be cheap or done by the police.

makara

http://www.boundary-problems.co.uk/boundary-problems/priv-r-o-w.html


Interesting - since there is no room or diversion beyond the Access-way for off-road parking (e.g. in any part of either of our back gardens)...this part seems key -


A vehicular right of way is not a right of parking


So even if our Neighbours are allowed to drive over the Access-way - this makes it sound as if they aren't allowed to leave a car on it.

ChumLee

makara wrote: »

http://www.boundary-problems.co.uk/boundary-problems/priv-r-o-w.html


Interesting - since there is no room or diversion beyond the Access-way for off-road parking (e.g. in any part of either of our back gardens)...this part seems key -


A vehicular right of way is not a right of parking


So even if our Neighbours are allowed to drive over the Access-way - this makes it sound as if they aren't allowed to leave a car on it.

But if they are allowed vehicle access and you put in a bollard you must still allow them access. If they decide to park on it you'll have to take them to court. You're wasting your time with the police as they are not trained in civil law.

The only winners here will be the legal teams.

makara

---lee--- wrote: »

If there is a right of way over the land, if it does not stipulate it's for vehicles, then you could still erect a bollard as this would not be a substantial interference. I would be very surprised if there is a right of way for vehicles.

As can be seen in the scans of the Deeds - while ROW is mentioned, no mention is made of VEHICULAR Rights of Way.

makara

Scenario I've just thought of -


We install a bollard (on our half) - and raise it in the upright position.


Neighbours call Police, saying we are preventing them from ROW access.


We tell the Police "Access to where...?".


Neighbours are then asked to explain by Police what they need Access for.


Neighbours stupidly tell Police "Because we or our mates want to park there".

ChumLee

makara wrote: »

Scenario I've just thought of -


We install a bollard (on our half) - and raise it in the upright position.


Neighbours call Police, saying we are preventing them from ROW access.


We tell the Police "Access to where...?".


Neighbours are then asked to explain by Police what they need Access for.


Neighbours stupidly tell Police "Because we or our mates want to park there".

It's civil law and not a police matter.

makara

It's civil law and not a Police matter


- so the Police can't tell us to lower the bollard then.

ChumLee

Well you said you did didn't want to do anything illegal. So you best get the access thing cleared up first.

jrtfan

I've just searched this thread for "citizens advice" and drawn a blank, so - OP, what about taking your deeds and paying your local CAB a visit, see what if any advice they can give you?