boundaries of pathway to home

Snuggles

That's almost identical to the arrangement at the front of my house. I wouldn't be happy if my neighbour was obstructing the path like that. However, if your street is anything like mine, parking is a nightmare as there are too many 2 car households with parking for only 1 car. So, I would look at the big picture and think about how much it was really inconveniencing me.

Do you need to use that path to access your house? If you do, I would definitely approach them about it. If not, and it's really just opening your car door that's the issue, couldn't you just reverse park so you're opening the door at the other side to where their car is?

avi2

the developers have informed me that the neighbors own the main footpath entrance to the houses, but 'i have right of way' and the footpath can not be obstructed by me or the neighbor, and this is shown on their diagram.

so its really a fine line.

i can see it from the neighbors point of the view, the own it that part - so they can park on it...
but as you can see form photo - they are not giving much access to even walk between the space..

i.postimg.cc/qqsPcpMp/v.jpg

i may have to ask the developers to remind my neighbors.

Cakeguts

It looks to me as if this is a development with allocated parking spaces and you neighbour is parking on the path to your house instead of parking on their allocated parking space. You unfortunately have neighbours who only think about themselves and are parking on a path. The fact that they own it doesn't mean that they can park on it if there is a ROW across it. It is possible that they don't realise what you having a ROW over that path means. They may not realise that they can't park there.

da_rule

Forget about what the developers have told you, you need to check what your transfer and title register say.

Does the easement extend out to the road (i.e. under where the red car is parked) or does it end somewhere near where the wall is?

If it’s the latter then your neighbour isn’t really obstructing your use as (a) they haven’t parked on the easement strip itself and (b) you could access it if your car was parked more to the right.

avi2

da_rule wrote: »

(b) you could access it if your car was parked more to the right.

on the other side of me is another neighbor so i cannot really move me car too far to the right.

spacing would be fine if my neighbor did not a park in the walkway.

PasturesNew

Get prepared and watch their movements... learn their habits and the signs they are coming/going....

Get ready ....

When you finally realise they're going to be out all day, or all night (preferably), or some other sign they're going away for a weekend ..... dash out with a brush and paint and paint a hatch along the footpath with a solid white line at the edge of where they should be keeping it clear.

Trespass, yes.
Illegal, yes.
Deny it was you, yes.

Cakeguts wrote: »

It is possible that they don't realise what you having a ROW over that path means. They may not realise that they can't park there.

Highly probable if they rent; renters are rarely told about these things.

And, some owners don't even know.

Some owners couldn't give a monkey's though.

What the OP could do is get a print out of the deeds and show them. They probably don't know who owns what, or that there are boundaries and rights of way.... many people are simply oblivious and assume if there's space, they can park on it .... because "it's free", "it's a space", "there's room".

da_rule

avi2 wrote: »

spacing would be fine if my neighbor did not a park in the walkway.

Are they actually parking on the walkway then? Again, don’t rely on what the developer told you, you need to check your title documents.

G_M

da_rule wrote: »

Are they actually parking on the walkway then? Again, don’t rely on what the developer told you, you need to check your title documents.

or to put it another way:


I share a partway that leads into my house.
* is this a path (to use on foot)?
* or a drive?
* if a drive, is there a dropped curb?

this partway is owned by my neighbor.
I do have the right of way so this partway can not be obstructed.
Please quote in full and exactly, the wording in your Title document or any other Deed which grants you this ROW

I have paring parking?for two car, however, my neighbor does not..
so they part two cars in front of they home, which means they are only giving me enough room to squeeze past my car and theirs and i can hardly open my car door to get out or in my car.
So there are 3 elements?
1) their drive (single car width)?
2) a footpath in the middle (owned by them but with a ROW for you)?
3) your drive (2 car width)?

Cakeguts

What it looks like to me on the photo is two different kinds of surface. So the allocated parking spaces are tarmac and the pathway is brick. The red car is parked on the brick surface which I think is the path and not supposed to be parked on at all but just used for access and has a ROW over it belonging to the OP. There appears to be a white line on the right hand side that you can just see next to the black car. What we can't see is if the other allocated parking spaces are marked out like this because if they are residents are supposed to park in them and not across the lines.



Is the photo taken from your front door OP? If it is I can't see how you can access your house at all if the red car is parked like that? The fact that next door owns the path doesn't mean that they can park on it in a way that stops you from using the path to get to your house.

AdrianC

That's it? That's ALL this is about?

The black car is parked (just) within the painted line. Could be parked better, but let's face it, that's hardly rare. The spaces could probably be more generous, but - again - hardly rare.