Parking rights issue with neighbour

MisterBaxter

talisker1947 wrote: »

You have a point but it would not benefit either of us in fencing the alley as it now allows good room to the rear, where rubbish and garden material can be moved easier. It also helps moving large furniture/appliances in/out of the house from the garden doors at the back.

The other thing is that my conveyancer explained the neighbour carries equal responsibility for maintenance costs of the alley. I'm not quite sure how he reached to that conclusion, but he came across as very experienced and knowledgeable throughout the process. I cannot imagine these things working among most neighbours unless there is a good relationship and mutual interest.

But for example, when I once asked if he was interested in making a drive on his front garden and share the cost of extending our dropped kerb, he turned it down and told me that he likes his garden. This goes to the "reasonable hints" I mentioned earlier.

It was a light hearted joke, but I may do it at other hours if they go further with provocation

I was think more of splitting the drive down the centre line so that you would each have a footpath from front to back, this would restrict access to the rear but there would still be some access but if this isn't practical then you're stuck with what you've got.

I would definitely check the deeds on the issue of repair costs, if the rights of access don't also make specific provision for a contribution towards upkeep I'm not sure how you would ever force your neighbour to stump up for repairs. Even if there is provision your neighbour could still refuse and then it would mean recovery using legal processes. Given that there is already dispute this could come up as an issue in the future.

You're now back to having to try and work with your neighbour to resolve the issue or you can take the heavy handed approach and get solicitors involved or ultimately get an injunction that would allow for a parked vehicle to be forcibly removed but like I say that is very heavy handed.

BykerSands

MisterBaxter wrote: »

I was think more of splitting the drive down the centre line so that you would each have a footpath from front to back, this would restrict access to the rear but there would still be some access but if this isn't practical then you're stuck with what you've got.

I would definitely check the deeds on the issue of repair costs, if the rights of access don't also make specific provision for a contribution towards upkeep I'm not sure how you would ever force your neighbour to stump up for repairs. Even if there is provision your neighbour could still refuse and then it would mean recovery using legal processes. Given that there is already dispute this could come up as an issue in the future.

You're now back to having to try and work with your neighbour to resolve the issue or you can take the heavy handed approach and get solicitors involved or ultimately get an injunction that would allow for a parked vehicle to be forcibly removed but like I say that is very heavy handed.

The ask the police website states.

If you decide to move the vehicle yourself, or make arrangements for this to be done, it would be advisable to give the owner of the vehicle a reasonable amount of time (say, 14 days) to remove it. One suggestion is to put a notice on the car stating that if the car is still there after in 14 days you will have it moved/removed. It is advisable to also state on the notice the reason why the vehicle will be removed (i.e. it is obstructing the lawful use of private land) and where you intend to move the vehicle to. If there are number plates on the vehicle, send a recorded delivery letter to the registered keeper giving the same information (and keep the proof of postage and a copy of the letter). A Form V888 from the DVLA will get you registered details so long as your request is considered legitimate. Once you have given reasonable notice that the car will be towed away and the reasons for it being towed away and its intended destination, then it is likely that you will have avoided liability under the aforementioned offence. In effect you will have shown that there was no intention of preventing or inhibiting the driver of the vehicle from retrieving their vehicle.

So will your injunction include every possible vehicle that parks there?


14 days is seen to be reasonable notice for removal and the OP is stressing over a couple of hours.

MisterBaxter

BykerSands wrote: »

The ask the police website states.

If you decide to move the vehicle yourself, or make arrangements for this to be done, it would be advisable to give the owner of the vehicle a reasonable amount of time (say, 14 days) to remove it. One suggestion is to put a notice on the car stating that if the car is still there after in 14 days you will have it moved/removed. It is advisable to also state on the notice the reason why the vehicle will be removed (i.e. it is obstructing the lawful use of private land) and where you intend to move the vehicle to. If there are number plates on the vehicle, send a recorded delivery letter to the registered keeper giving the same information (and keep the proof of postage and a copy of the letter). A Form V888 from the DVLA will get you registered details so long as your request is considered legitimate. Once you have given reasonable notice that the car will be towed away and the reasons for it being towed away and its intended destination, then it is likely that you will have avoided liability under the aforementioned offence. In effect you will have shown that there was no intention of preventing or inhibiting the driver of the vehicle from retrieving their vehicle.

So will your injunction include every possible vehicle that parks there?


14 days is seen to be reasonable notice for removal and the OP is stressing over a couple of hours.

I doubt that it would be possible to obtain a catch-all type injunction that would apply to any and all vehicles and I would imagine that the length of time the vehicle would have to be stationary before you could move it would have to be considered to be more than just loading/unloading.

I didn't say it would be easy or even practical but the process/act of obtaining an injunction may be enough of a deterrent as the party responsible is known and would be notified in advance of the injunction; it's not like a random stranger parking or abandoning a vehicle. Given the nature of the specific issue for the OP the injunction would have to apply to the vehicles known to park on a regular basis, namely the vehicle(s) owned by the neighbour.

ridetherhythm

Hi,

I have the same issue as you posted (alley belongs to me, neighbour has right of way, neighbour parks their car over their boundary line into my alley)

How did you deal with this problem, as i'd love to hear.
If you wrote to them, how do you word it.

Any help appreciated.

Thanks.

Nathaniel_Essex

talisker1947 wrote: »

Are you serious?

The neighbour started behaving like a cheeky muppet, exploiting my kindness and parking in front of my garage access on land that belongs to my title. We are past the friendly neighbours part because they are cheeky and wanted to ruin our relationship by ignoring an informal approach for the bleeding obvious. If you had bothered to read my post you would also read that we had a "sensible" conversation with the neighbour from the very first day.

My home is not a charitable car park for other people's visitors. I paid a premium to buy a property with off-street parking and clear deeds to avoid parking disputes. It is my right to enforce it when other people are attempting to disrespect the title repeatedly.

As I wrote in my post the street is generally empty for them to park their cars. If the neighbour is not happy driving a few yards down the road to park then they are free to sell and buy elsewhere!

You cannot seriously suggest that I should ask a cheeky neighbour "politely" to let me access my rightful garage. Should I bake them a cake as well?

I think the point being made was about the whole thing not being a big issue. From the details you wrote, sounds like you do nothing but watch out of the window 24/7 to see who is parking in a shared drive. You asked them not to do it and they stopped, only occasionally stopping there to unload their vehicle (the fact that you brought this up shows how pathetic you are being). Now, it looks like you've made the problem worst by acting like a little bÍtch and being extremely petty over the whole situation.

365 days in a year and I bet before you made a big deal out of it they would not have even parked there for 7 of those. I also bet you don't need access to your garage all the time and even when you do, the car being there causes no problems.

Laz123

Nathaniel_Essex wrote: »

I think the point being made was about the whole thing not being a big issue. From the details you wrote, sounds like you do nothing but watch out of the window 24/7 to see who is parking in a shared drive. You asked them not to do it and they stopped, only occasionally stopping there to unload their vehicle (the fact that you brought this up shows how pathetic you are being). Now, it looks like you've made the problem worst by acting like a little bÍtch and being extremely petty over the whole situation.

365 days in a year and I bet before you made a big deal out of it they would not have even parked there for 7 of those. I also bet you don't need access to your garage all the time and even when you do, the car being there causes no problems.

I'm glad I don't live next to a prat like you.

moneyistooshorttomention

One can soon tell who parks somewhere they shouldnt (eg on neighbours land).......:cool:

TadleyBaggie

ridetherhythm wrote: »

How did you deal with this problem, as i'd love to hear.

They haven't logged on since January 2016 (5 days after joining), pretty safe to say they aren't coming back.