Blocking access to public highway - by parking in front of THEIR drive

SillyOne

Hi, I'm not 100% sure what you mean by 'adopted by the Council' but it's a standard road as far as the highways agency etc are concerned, it's not an "unadopted" road (as I have seen signs for in some places and wasn't sure what it meant??) in that it is fully controlled by the council and not by the residents.

Edited to add: It happens to be a cul de sac but is just an extension of the 'through' road off to one side.

custardy

SillyOne wrote: »

Hi, would appreciate views on where I stand with this one. I live in an end of terrace which is also at the end of the cul de sac, the terraces each have a 'driveway' (the width of the house) that is part of the plot and sits between the house and directly onto the road. There is a continuous dropped kerb along the front of all of these drives - about 8 houses. There's also a non-dropped kerb opposite the drives which people park alongside and when someone is parked there, fine, as you can get past... (The road part of the cul de sac is actually the width of a 2 lane road)

The issue is that a lot of the people in this row of houses have visitors / 3rd car which they park "blocking in" their own spaces, again fine, however in the case of my neighbours if they do this it blocks my access on or off the drive, as being end of cul de sac there isn't physically space to manoeuvre to get past the parked car, if there are people legitimately parked "opposite" it. Their car isn't parked OVER my drive as such - but is blocking me from getting out.

Is there anything I can legitimately do in this situation? Have tried speaking to them, note on windscreen etc which seems to have an effect for a while, but communication isn't good and they seem to keep doing it.

Checked my deeds and that drive is definitely part of the plot of the house and not a "shared" space with right of way etc. for what that's worth.

As a secondary question - what is "blocking" access to the public highway really? If I have to make a "84 point turn" to squeeze past them is that considered acceptable?

neilmcl wrote: »

OP, before the usual comments about letting tyres down, covering the cars in birdseed etc come along, you might consider sticking a polite note on the cars involved and having a word with your neighbours.

indeed,indeed

SillyOne

I tried to draw it out but it blocked me from sending - this is what the road looks like (reconstruct as needed)

http: // tinypic.com/r/2n0vae0/8

bod1467

http://tinypic.com/view.php?pic=2n0vae0&s=8

GwylimT

So you're house number 1?

Unless there is a condition in place that states no blocking drives including your own, sometimes it may be hard to determine who is preventing access to the highway, your neighbour or someone in the bays. Personally I would say your neighbour is the problem but I don't know if this would be legally correct.

SillyOne

Yes - I am house no.1 in this drawing (actually I changed the numbers for anonymity but yes)

Are you saying the people "legitimately" (I say legitimately as it's a raised kerb) parked opposite, may be blocking access as much as the neighbour who parked on my side, over their own driveway? (Obviously they could move their own car if one of theirs on their own driveway needs to get out) I assumed it was legal to park alongside the raised kerb, and someone blocking the other side (driveway side) would be in the wrong?

GwylimT

SillyOne wrote: »

Yes - I am house no.1 in this drawing (actually I changed the numbers for anonymity but yes)

Are you saying the people "legitimately" (I say legitimately as it's a raised kerb) parked opposite, may be blocking access as much as the neighbour who parked on my side, over their own driveway? (Obviously they could move their own car if one of theirs on their own driveway needs to get out) I assumed it was legal to park alongside the raised kerb, and someone blocking the other side (driveway side) would be in the wrong?

Usually you can block a driveway if there isn't a vehicle parked on it, morally it isn't ideal, but on a road without extra restrictions it is legally fine.

I was more thinking, if the bay on the road is empty and your neighbour parks over his/her drive then no damage done as you have access to the road. However if someone then parks in the on road bay they are the ones actually blocking you in.

As well as talking you need to clarify the situatiob with the council, I have never lived anywhere where you couldn't block your own driveway but some areas do prohibit this.

tanith

I would do what Norman, post 2 suggests just drive into the end of the cul-de-sac and park then if others can't get out they will have to come to you to let them out and you can point out that the neighbour is preventing you from access to your drive and you have no alternative but to park as you have.

SillyOne

I did consider blocking them in reciprocally but thought maybe they could pursue it as blocking them in - 2 wrongs won't make a right? (I have a job that requires being very straight up and no funny business with the law) - as I would be parked physically over their drive in order to make the point - actually I have tried this, but bottled it after a few minutes!!

What I didn't mention because I didn't think it was relevant (though may be) is if I parked over my own drive I'd be blocking access/egress from a parking space to the outside of the terraces.

SillyOne

I've come home to find someone blocking the road (not those neighbours usually, but the next-door-but-1-or-2 neightbours) a few times and realised there probably isn't anything I can do - my understanding is it's only access "to" (not "from") the public highways that's taken into account... so if I can't get back into my drive it's tough luck. Is there nothing I can say about this...?