Definition of loading and unloading

aaronC

Hi there,

Our neighbour has a right of way over our land and spends a good part of each day loading and unloading outside our house, as there is no space to park outside his own house.

He blocks our exit to the road by doing so, as the track is only one car wide. He leaves his flashers on, a note scribbled on piece of paper that says 'unloading' but engine is off and the car abandoned for 20-30 mins at a time, very often with no unloading/loading activity during that time. The other day he unloaded a load of building materials onto our drive and left them there for 2 hours, while he got on with other stuff in his house! Eventually he came and got them.

This happens multiple times a day and 50% of the time we need to go find him whenever we want to drive in or out of our driveway. We think this is taking the pee and what is is actually doing is parking. (There is free parking available on the road.) We know its illegal for him to block us but it seems a very grey area in regards to loading/unloading. He gets very annoyed when we ask him to move so the whole situation feels like a pressure cooker and makes us not want to leave to avoid confrontation.

While we dont object to a small amount of loading and unloading, we feel what he is doing is excessive but are struggling to find a formal definition of what loading and unloading is (related to private land)? Can anyone help with a formal definition?

Thanks in advance!

Carrot007

There is none.


When there is a right of way. Expect it to be used 24/7. And then you will be happy. (as it won't). Purposese of WOR are pretty irellivent too. Unless you want to spend more than the cost of your house taking it to court.


And yes I have previous had a hose with a ROW.

aaronC

Thanks for your reply. Surely he can't load and unload 24/7 and block us 24/7 (is this what you mean?)

We dont mind him using the ROW but he is not allowed to park (we own the drive and he only has a right to pass and repass). Surely if his car is there 24/7 then that is definitely parking?!

Mnd

Make his life a misery by asking him to move as soon as possible every time. The problem you have is how will any reasonable time be enforced?

Slappermum

Get a banger and keep it [STRIKE]parked [/STRIKE]"loading and unloading" (with a note, of course) on the drive 24/7. See how he likes it.

*nothing constructive to add*

Exodi

A 'lax with the rules' neighbour is my number 1 fear when committing to a house purchase. Due to the often extreme costs of litigation, most people are often forced to deal with neighbours pulling stunts like this.

I'm pretty sure he could go as far and start parking on your drive and you'd have no recourse.

hazyjo

So there's a dropped kerb at the end of your drive? Does he park over that or just in the road? Would vehicles be able to get down the road/track if you parked on your own dropped kerb?


Is there a white line (like a capital I/stretched H) painted on the road there? You could always request one from the Council, you'd prob have to pay for it. Would stop anyone parking there. Might mean you have to ring parking enforcement every time he does it, but maybe even just one ticket would stop him.

ReadingTim

If you think a "formal definition" is going to make him magically mend his ways with the proclamation "it's a fair cop, you've got me banged to rights", you're going to be sorely disappointed. Forever. This sort of selfishness is immune to reason.

The only way to 'train' this sort of selfishness out of him is to to do something which inconveniences him every time he inconveniences you. So ask him to shift it. Block him in or out/aggressively occupy your own space/get him towed or buy and old banger and physically ram his vehicle out of the way....Unfortunately, there might also be some unfortunate side effects associated with some of these...

sal_III

Not well versed in RoW, but does it have specifics whether it applies to vehicles? If there is no requirement to allow him vehicular access, is there an option to install some barrier/bollard/pole to prevent him from parking his vehicle there but still allow him pedestrian access over your land?

AdrianC

https://fta.co.uk/CMSPages/GetFile.aspx?guid=791f4f62-3a19-44b5-a900-226e01b23250&lang=en-GB

What is loading and unloading?
Loading and unloading must be a continuous activity and the vehicle must be moved once it is complete. Even if the delivery only takes two minutes, the vehicle must be moved as soon as the process is complete. Loading includes the movement of goods to and from premises, checks on the goods delivered and paperwork. Enforcement staff will not consider stopping for a chat, shopping or having a cup of tea as part of the loading and unloading process! Always check nearby signs for details of additional restrictions on loading

That's not a legal definition, but the Freight Transport Association's own one, on the driver information card they produce.

It also says:

Other places where you cannot stop to load and unload
...
Where the vehicle would cause an obstruction

But it's fairly clear that you're not dealing with somebody who is going to accept simple reason, nor is a legal definition really relevant, since it's not a case of a parking ticket in a loading-only bay.

Skiddaw1

Unfortunately, I fear it's one of those situations where the only realistic solution is to try to politely reason with him and come to a mutually agreeable resolution (which I realise may be impossible). Is there a third party who could potentially diffuse the situation? A less stroppy partner or a mutual friend perhaps?