Neighbor breaching restrictive covenant

sheramber

Fuzzyness wrote: »

why try and use the planning system to resolve a disagreement about parking is more the point i was making. if you dont want them parking their, park their yourself to stop them if bothers you so much (obviously not you as its not your house but you get the gist).

But what if you have had to g out and come back to a car blocking your drive?

Where my sister used to live people regularly parked in front of her drive to attend a football match in a stadium two streets away. She often cam home form shopping and was unable to get into her drive, with no nearby parking available due to all the football supporters cars parked in the surrounding streets. Or, she was unable to get out as they had blocked her car in.

When my friend asked parents not to block her drive they replied ' Oh. I will only be minute'.

always_sunny

Doozergirl wrote: »

What a novel idea, talking to people! High five

I know right, though the OP hasn't really said what are the problems, beside the blocked drive way. It is everyday? Is it once in a while, is it just an inconvenience.

OP sounds she doesn't like neighbour doing anything!

Fuzzyness

sheramber wrote: »

But what if you have had to g out and come back to a car blocking your drive?

Where my sister used to live people regularly parked in front of her drive to attend a football match in a stadium two streets away. She often cam home form shopping and was unable to get into her drive, with no nearby parking available due to all the football supporters cars parked in the surrounding streets. Or, she was unable to get out as they had blocked her car in.

When my friend asked parents not to block her drive they replied ' Oh. I will only be minute'.

there is no easy answer. people are inherently selfish. if you dont want people parking across your drive park there yourself to prevent others doing it. its petty but if it bothers you its one way of stopping them.

spadoosh

A neighbours family member and people that go there regularly block my drive. I get on with the neighbour quite well. He was pretty miffed when i knocked on his door at 05:30 because the family had blocked my drive and i need to go to work.

It still gets blocked but i just knock on and tell them they need to move it, i need to go out. Never takes more than a minute. I understand, most of the time its slightly more convenient to them. Risk/reward.

If theyre actually blocking the drive when you need to go out, just knock round and tell them to move the car. Any reasonable person will, if there unreasonable ring your local authority or local police station and tell them (not 999) to see if they will assist in getting the car moved. Take photos of the driver (ideally in the seat) and vehicle and get in touch with a solicitor to sue for nuisance because the driver is effecting your right to use and enjoyment of your property.

spadoosh

sheramber wrote: »

But what if you have had to g out and come back to a car blocking your drive?

Where my sister used to live people regularly parked in front of her drive to attend a football match in a stadium two streets away. She often cam home form shopping and was unable to get into her drive, with no nearby parking available due to all the football supporters cars parked in the surrounding streets. Or, she was unable to get out as they had blocked her car in.

When my friend asked parents not to block her drive they replied ' Oh. I will only be minute'.

Few things with this.

Firstly buying near a football ground you should expect this. Secondly choosing to leave the space vacant just before a fixture isnt that sensible especially when your planning on returning during.
Take photos of driver and vehicle, pursue legal action for nuisance - Probably a lot harder to get anything out of if its not the same person regularly.

Help yourself though. When my missus was coming up to labour day, i made sure i parked across my drive so i wouldnt be blocked in and could happily get to the hospital without any problems.

always_sunny

spadoosh wrote: »

Take photos of the driver (ideally in the seat) and vehicle and get in touch with a solicitor to sue for nuisance because the driver is effecting your right to use and enjoyment of your property.

And put a well lit billboard in front of the drive way with a counter?
"Successfully sued this month for blocking my drive way: x"

As soon as one driver will stop, another 10 are ready to take their place if the area is prone to it.

spadoosh

always_sunny wrote: »

And put a well lit billboard in front of the drive way with a counter?
"Successfully sued this month for blocking my drive way: x"

As soon as one driver will stop, another 10 are ready to take their place if the area is prone to it.

I can imagine a customer of the nursery getting sued might effect the nursery business, OP might find the business owner will be more willing to do something about it.

Theres lots of options, i just gave one of the very few (only) legal options you can take.

vqmismatch

Mother runs a business from home with similar issues. Some of the punters are complete Jeremys as regards parking.

The best solution seems to be to fill a couple of traffic cones with concrete and place either side of the driveway so there is insufficient space to park between them but you can get out. Most of her neighbours are quietly frustrated by the parking issues but supportive of turning a living from home, one had a tendency to go into complete melt down on a regular basis and unfortunately some similar personalities among the customers seemed to make a point of squaring up. They moved after a few years.

Painting a white line in front of the drive might also help make the point, but many of our neighbours used to park on the road rather than their drives.


I suspect any covenant is completely unenforceable, and ironically in mother's case at least planning was not an issue for a business built up slowly in one place, but were she to move to a far more appropriate location she would need planning which would likely be opposed. In her instance there average about 16 individual cars coming and going each hour fro 1500-1900 five days a week, plus a couple over the morning most days. The opportunity arose to move to a nicer place with some off road parking and better facilities but it would have required planning to move an established buisness.

glasgowdan

Just been enjoying the OPs other post about her "friend" trying to appeal a parking ticket for overstaying!

moneyistooshorttomention

sheramber wrote: »

But what if you have had to g out and come back to a car blocking your drive?

Where my sister used to live people regularly parked in front of her drive to attend a football match in a stadium two streets away. She often cam home form shopping and was unable to get into her drive, with no nearby parking available due to all the football supporters cars parked in the surrounding streets. Or, she was unable to get out as they had blocked her car in.

When my friend asked parents not to block her drive they replied ' Oh. I will only be minute'.

:rotfl:I'll admit I laughed when I read the "I'll only be a minute" comment. If they said that to someone quite "literal" like me - then we would stand there looking at our watch and obviously thinking "Right - 59, 58, 57, 56 - hang on a minute they've gone 30 seconds over 1 minute".:rotfl:and there would be another comment - after about 180 seconds to the effect that they had said "You'd only be a minute - you've now been 3 minutes"....