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Neighbours blocking shared Access-way - no dropped Kerb

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  • peachyprice
    peachyprice Posts: 22,346 Forumite
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    RavingMad wrote: »
    Do you have wheelie bins? If so, can't they be left at the side of the house?


    Yes, except the neighbours are parking cars at the side of OP's house leaving no room for wheelie bins. Kind of the whole crux of the matter really.
    Accept your past without regret, handle your present with confidence and face your future without fear
  • RavingMad
    RavingMad Posts: 783 Forumite
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    edited 11 August 2015 at 9:21AM
    Yes, except the neighbours are parking cars at the side of OP's house leaving no room for wheelie bins. Kind of the whole crux of the matter really.

    I didn't realise it was a permanent fixture, I meant do this when the coast is clear. How do both parties put their bins out for collection?
  • stator
    stator Posts: 7,441 Forumite
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    edited 11 August 2015 at 9:55AM
    I would go ahead with the folding bollard.

    At the very worst if your neighbours take you to court you can just leave the bollard down permanently. It may even work as a deterrent, stopping people from wanting to park there.

    You could take your deeds to a specialist solicitor for advice. Just ask whether in his opinion it includes vehicular access.

    Another option would be to paint a solid white line down the middle of the path, showing people clearly what is your property. Then put up a sign that says something about not parking on your land without permission. This might put a lot of people off. It's unlikely your neighbour is telling people they are tresspassing on your land.
    Changing the world, one sarcastic comment at a time.
  • makara
    makara Posts: 525 Forumite
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    ---lee--- wrote: »
    There is no mention of vehicle access to the right of way, so nobody should be traveling on it with a car. Normally rights of way with vehicle access would have an end point, such as a garage or a private driveway.

    You should also download and read next doors titles. They are available on the land registry website for a small charge.


    Does the fact that "Vehicle access" is not mentioned in any regard automatically mean that it is not intended to be driven over? If your answer is yes, then that's good


    - although erring on the side of caution, I am thinking that since it doesn't mention vehicular access, then our neighbours might be able to point that it doesn't state vehicle access is FORBIDDEN - or is that not the case?


    Yes, there is no "end point" for vehicles - the Access-way merely ends with Two (pedestrian width ONLY) gates - both of them for Pedestrian access to each back garden.


    As for the part about obtaining next door's deeds - is this in case they are worded differently to ours? I'm assuming that's what you're getting at.


    And if both sets of Deeds give contradictory information over the Access-way - then is it for a Civil Court / Judge to determine which is "correct"?
  • makara
    makara Posts: 525 Forumite
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    Yes, except the neighbours are parking cars at the side of OP's house leaving no room for wheelie bins. Kind of the whole crux of the matter really.


    Correct - and depending on the width of the car involved (their Volvo 4 x 4 in particular), sometimes there isn't even room to get past with a sack of rubbish (let alone a wheelie bin).
  • makara
    makara Posts: 525 Forumite
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    RavingMad wrote: »
    I didn't realise it was a permanent fixture, I meant do this when the coast is clear. How do both parties put their bins out for collection?

    I think I mentioned earlier in the thread that they temporarily move the car out to put their rubbish out - then move the car back in.


    We sometimes get the opportunity to do so if we spot no car - although generally it involves squeezing past a car with sacks - one sack at a time.


    One day they will invent wheelie bins that can fly :D
  • makara
    makara Posts: 525 Forumite
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    stator wrote: »
    Another option would be to paint a solid white line down the middle of the path, showing people clearly what is your property. Then put up a sign that says something about not parking on your land without permission. This might put a lot of people off. It's unlikely your neighbour is telling people they are tresspassing on your land.


    I do like this idea (the solid white line sounds tempting)


    - in fact when the Airport Parker left his white Nissan there, I was half-tempted to put up a sign on the side-wall of OUR house, saying "PRIVATE PROPERTY - NO VEHICLES ALLOWED" - so that he would see it upon his return to collect his car.


    Yes, I very much doubt our Neighbours are telling people who park there that they are trespassing by parking on SHARED land.
  • dannyrst
    dannyrst Posts: 1,519 Forumite
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    I'd more than happily walk sacks of rubbish down the side of a car parked on your land with zero regard for any damage caused.
  • makara
    makara Posts: 525 Forumite
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    dannyrst wrote: »
    i'd more than happily walk sacks of rubbish down the side of a car parked on your land with zero regard for any damage caused.


    Particularly if the sacks contained glass bottles and cans...
  • ChumLee
    ChumLee Posts: 749 Forumite
    makara wrote: »
    Does the fact that "Vehicle access" is not mentioned in any regard automatically mean that it is not intended to be driven over? If your answer is yes, then that's good


    - although erring on the side of caution, I am thinking that since it doesn't mention vehicular access, then our neighbours might be able to point that it doesn't state vehicle access is FORBIDDEN - or is that not the case?


    Yes, there is no "end point" for vehicles - the Access-way merely ends with Two (pedestrian width ONLY) gates - both of them for Pedestrian access to each back garden.


    As for the part about obtaining next door's deeds - is this in case they are worded differently to ours? I'm assuming that's what you're getting at.


    And if both sets of Deeds give contradictory information over the Access-way - then is it for a Civil Court / Judge to determine which is "correct"? Yes

    You need to get a solicitor to read the full deeds and not rely on someone online reading your edited version. You say others in the street use similar side entries for parking because they have a dropped kerb. If so then why can they do this?
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