Neighbor breaching restrictive covenant

spadoosh

LeedsGirl94 wrote: »

Hi all,
Thanks for all your replies, curious to see how it developed into a general parking debate!

A tad more info: basically it's an issue because it is every day Mon-Friday and we live in the corner of a cul-de-sac so there's no way to drive around the cars, the people who park outside their house always park in the middle which blocks the whole road. It only affects us, not other neighbors, because we are in the corner. We leave and return for work at the sameish times as people drop/collect their children and I don't understand why I have to ask permission every time I want to eneter/leave my own property. We have asked the parents many times but they're often rude to us and then continue to park in the same manner next time anyway.

Additionally many other neighbours park in the street instead of on their drives which leads us to doing a slalom in the car already; we also have purpose built visitor spaces halfway down the street enough for several cars but apparently it's too troublesome for her clients to park there. At collection time they also don't just pop in and then out, they stay inside chatting for ages by which time another client will come and park in an inconvenient spot too.

Anyway I suppose I shall have to let it be, I definitely don't want to report their business or anything but I just wish they'd be more considerate!

I dont think theres anything too wrong with following them and blocking their cars in where ever they might park. I'd be especially inclined to do that if they where rude.

Try writing a letter out and sticking it on their car. Something along the lines of

Due to repeated obstructions of my drive and a lack of response in your willingness to use the visitor bays, i have decided to take the matter further. I have spoken to a solicitor and they believe i have a case for public nuisance where your actions are causing a substantial and unreasonable interference with my land use and/or enjoyment of that land. I though it only reasonable to warn those who obstruct my drive that i will be collecting evidence as to prove and strengthen my case.

Its not a legal quote of any kind. But you get the drift.

Norman_Castle

LeedsGirl94 wrote: »

A tad more info: basically it's an issue because it is every day Mon-Friday and we live in the corner of a cul-de-sac so there's no way to drive around the cars, the people who park outside their house always park in the middle which blocks the whole road. It only affects us, not other neighbors, because we are in the corner. We leave and return for work at the sameish times as people drop/collect their children and I don't understand why I have to ask permission every time I want to eneter/leave my own property. We have asked the parents many times but they're often rude to us and then continue to park in the same manner next time anyway.

Additionally many other neighbours park in the street instead of on their drives which leads us to doing a slalom in the car already; we also have purpose built visitor spaces halfway down the street enough for several cars but apparently it's too troublesome for her clients to park there. At collection time they also don't just pop in and then out, they stay inside chatting for ages by which time another client will come and park in an inconvenient spot too.

Anyway I suppose I shall have to let it be, I definitely don't want to report their business or anything but I just wish they'd be more considerate!

Contact your council for an informal chat to find out what their opinion is and what your options are. They will not take any action unless you ask them to. If they do take action it will start with advice to the business owners followed by further warnings. They will not take enforcement action until repeated warnings are ignored.

NeilCr

LeedsGirl94 wrote: »

Hi all,
Thanks for all your replies, curious to see how it developed into a general parking debate!

A tad more info: basically it's an issue because it is every day Mon-Friday and we live in the corner of a cul-de-sac so there's no way to drive around the cars, the people who park outside their house always park in the middle which blocks the whole road. It only affects us, not other neighbors, because we are in the corner. We leave and return for work at the sameish times as people drop/collect their children and I don't understand why I have to ask permission every time I want to eneter/leave my own property. We have asked the parents many times but they're often rude to us and then continue to park in the same manner next time anyway.

Additionally many other neighbours park in the street instead of on their drives which leads us to doing a slalom in the car already; we also have purpose built visitor spaces halfway down the street enough for several cars but apparently it's too troublesome for her clients to park there. At collection time they also don't just pop in and then out, they stay inside chatting for ages by which time another client will come and park in an inconvenient spot too.

Anyway I suppose I shall have to let it be, I definitely don't want to report their business or anything but I just wish they'd be more considerate!

I asked this earlier. Is this a covenant for just your two houses or is it for everyone in the street/estate?

LeedsGirl94

NeilCr wrote: »

I asked this earlier. Is this a covenant for just your two houses or is it for everyone in the street/estate?

Apologies, I must have missed it. The covenant is for the estate, I cannot find the original document at the moment to see who has the right to enforce it

NeilCr

LeedsGirl94 wrote: »

Apologies, I must have missed it. The covenant is for the estate, I cannot find the original document at the moment to see who has the right to enforce it

No problem. I get lost in all these posts myself

Not sure whether you all own the freehold of the estate? If so there should be directors/managing agents who I'd have thought would take this on. As a director myself issues like these have been bought to my attention. They are hard to deal with but the force of the majority sometimes helps!

If you don't then there should be a freeholder/managing agent again who you could get involved?

LeedsGirl94

NeilCr wrote: »

No problem. I get lost in all these posts myself

Not sure whether you all own the freehold of the estate? If you don't then there should be a freeholder/managing agent again who you could get involved?

Thank you for the advice, I will certainly look into it! As far as I'm aware though we don't have a managing agent

bouicca21

Councillor may be useful. In my street all the access points to our driveways are protected by yellow lines. Get the neighbours on board too.

NeilCr

LeedsGirl94 wrote: »

Thank you for the advice, I will certainly look into it! As far as I'm aware though we don't have a managing agent

Do you have to pay any sort of service charge?

unforeseen

bouicca21 wrote: »

Councillor may be useful. In my street all the access points to our driveways are protected by yellow lines. Get the neighbours on board too.

You mean council grafitti artists have been painting the roads with lines that have absolutely no legal force whatsoever?

We have similar in our high street. Unfortunately parking bays with the power of a TRO behind them have now been put in the same lacation. Premises owners have been told categorically that the TRO beats council grafitti since the line has no force in law.

bouicca21

I must admit that the presence of yellow lines and notices about when parking restrictions are operative have tended to make me assume a valid tro is in operation.

They are btw effective.