Driveway right of way EDITED PLAN AND INFO

AnnieO1234

Can our knowledgeable folks tell me what the situation is here?

Shared driveway which should allow vehicle and foot access across it. Room technically for two vehicle widths. Driveway ends with two parking spots. Parking spots overhang onto previous properties part of driveway and depending on vehicles and drivers (!) impede their access/egress.

Impeded neighbours have now installed large heavy planters to to the corners of their part of driveway. It allows one vehicle to drive across the Middle, but prevents parking of larger vehicles and inconsiderate parking by the end property.

Is the impeded property within its rights to place the planters?

Thanks all xxx

metamatic

I'm struggling to visualise this. Any chance of posting a link to a picture?

Cakeguts

Depends on whether the right of access also allows vehicles to be stationary on it? Is it a right of passage? If it is a right of access I would guess that no one has the right to block it by putting planters that interfere with the access rights.

G_M

As well as clarifying the set-up which is hard to visualise, you also need to quote, exactly, the wording of the ROW.

Browntoa

If either party impedes the other when parking their car it's not allowed

They can place planters up to their boundary , you cannot move them

AnnieO1234

I'll try and find out, thanks all.

metamatic

Glad it wasn't just me being thick:)

rosyw

It will depend on the wording in the deeds, mine give access with vehicles and on foot at all times but also state that the driveway must be kept clear and not blocked at any time.

Can the parking spots be made any larger to accommodate the vehicles which have caused problems? again there may be something in the deeds, according to mine I can only use the area at the front of the house as a parking/turning area, has someone tried to make a garden where there shouldn't be one and not left enough parking space?

moneyistooshorttomention

ROW is just for access purposes (ie driving/walking up and down) and its not allowed to park on a ROW (bar very temporarily for loading/unloading purposes) is the basic gist of how the law operates.

My suspicion is that these "parking spots" arent officially designated parking spots - but, instead, are places where car-owners have decided (over the years) that they will park. The fact a car regularly parks somewhere doesnt mean it has the right to park there iyswim - it just means that that is what its owner has decided to do (and they may or may not be entitled to do so).

I can certainly think of cases around here where cars regularly park somewhere - but they arent actually really allowed to and there isnt room for them to do so (but the car-owner is determined to do so anyway). Other people sometimes let them get away with it - on the understanding they will be telling ("asking") the offender to move if, on that occasion that bit of ground must be as usable as it always should be anyway iyswim.

In the position of those people who are getting their use of their own land impeded by other peoples vehicles - I would say they are perfectly entitled to put those planters there to stop illicit use by others and would think most people would put something there. Personally - I'd have done so - or, more likely, put the large "sculptural" type rocks I see around this area a lot (ie West Wales) in those positions to prevent illicit access by others.

Penelope_Penguin

AnnieO1234 wrote: »

Can our knowledgeable folks tell me what the situation is here?

Shared driveway which should allow vehicle and foot access across it. Room technically for two vehicle widths. Driveway ends with two parking spots. Parking spots overhang onto previous properties part of driveway and depending on vehicles and drivers (!) impede their access/egress.

Impeded neighbours have now installed large heavy planters to to the corners of their part of driveway. It allows one vehicle to drive across the Middle, but prevents parking of larger vehicles and inconsiderate parking by the end property.

Is the impeded property within its rights to place the planters?

Thanks all xxx

Are you 100% sure the drive way is "shared"? I have friends who own the driveway, so can do with it as they please, and the neighbours have right of access. The neighbours came to sell and their details listed the drive as shared. My friends checked their deeds, asked the neighbours to alter their details, they refused, so my friends approached the EA, who changed the details to reflect the true legal position.

googler

Draw a plan/picture, post it on Photobucket or other picture host, and link to it.