Private Road Advice Please.

Mariasmummy26

Hi, I posted a while ago regarding our new neighbour & the private road outside our house. We had parked there for 11 years & maintained it for the same length of time. Not only did I get the drain fixed, but arranged with the council to put in a new one on the council owned part.
So, we stopped parking there at the new owners request & ourselves alongside our next door neighbours have decided not to do any maintenance for now. She doesn't talk to us (or even look at us) since we received the letter she sent. She told us she is 'mostly responsible' for its upkeep & for this reason we were to stop parking there.
Now, on to my question. Ourselves & our next door neighbours have right of access. We both front this road & private or not, we are also equally responsible for its upkeep. How do we stand then if she had decided to park there alongside any of her visitors? Surely, we can also send a letter back requesing the same? If our cars are causing issues, surely any other car parked there is doing likewise? Anyone know who we could ask or have any ideas? Any problems caused this far with the actual surface is down to farm vehicles that used to travel across to the field several times a day for years & subsidence (the whole road from top to bottom, council & private). Thanks in advance 😊:)

Inner_Zone

Mariasmummy26 wrote: »

Hi, I posted a while ago regarding our new neighbour & the private road outside our house. We had parked there for 11 years & maintained it for the same length of time. Not only did I get the drain fixed, but arranged with the council to put in a new one on the council owned part.
So, we stopped parking there at the new owners request & ourselves alongside our next door neighbours have decided not to do any maintenance for now. She doesn't talk to us (or even look at us) since we received the letter she sent. She told us she is 'mostly responsible' for its upkeep & for this reason we were to stop parking there.
Now, on to my question. Ourselves & our next door neighbours have right of access. We both front this road & private or not, we are also equally responsible for its upkeep. How do we stand then if she had decided to park there alongside any of her visitors? Surely, we can also send a letter back requesing the same? If our cars are causing issues, surely any other car parked there is doing likewise? Anyone know who we could ask or have any ideas? Any problems caused this far with the actual surface is down to farm vehicles that used to travel across to the field several times a day for years & subsidence (the whole road from top to bottom, council & private). Thanks in advance ��:)

Why two threads?


https://forums.moneysavingexpert.com/discussion/6032869/parking-on-private-road-11-years

Mariasmummy26

Sorry, this was a different question, so I put a spot of background info in & trying to navigate the forum isn't easy.

PasturesNew

Mariasmummy26 wrote: »

.... private road....She told us she is 'mostly responsible' for its upkeep & for this reason we were to stop parking there....Ourselves & our next door neighbours have right of access. ...we are also equally responsible for its upkeep.

How do we stand then if she had decided to park there alongside any of her visitors? Surely, we can also send a letter back requesing the same?

Without sight of the deeds, just taking the situation from above...

Does she own the private road, with you having access over it?
If so, nobody can park on the road because it does not belong to you. But, if she owns it then she can only complain to herself ...

If her car is not preventing you from your access, you can write all the letters you like as she is not blocking your access. She would be parking on her private land and if you write a letter to her she can just tell herself off and leave it at that.

The important part is not who pays for maintenance, nor what occurred in the past. The important parts are only: who owns the road (is it her?) + if anybody's access is being blocked/prevented.

If she owns it; if you can still get past.... game over.

Umkomaas

This question is beyond our scope. It's a legal issue relevant to your deeds/lease/tenancy agreement.

Consult a solicitor if it's a major problem. You could try a new thread on the LegalBeagles forum for possibly some free advice - that forum has legal-focused regular contributors.

The_Deep

Have you googled disputes with neighbours?

Nobbie1967

Mariasmummy26 wrote: »

Hi, I posted a while ago regarding our new neighbour & the private road outside our house. We had parked there for 11 years & maintained it for the same length of time. Not only did I get the drain fixed, but arranged with the council to put in a new one on the council owned part.
So, we stopped parking there at the new owners request & ourselves alongside our next door neighbours have decided not to do any maintenance for now. She doesn't talk to us (or even look at us) since we received the letter she sent. She told us she is 'mostly responsible' for its upkeep & for this reason we were to stop parking there.
Now, on to my question. Ourselves & our next door neighbours have right of access. We both front this road & private or not, we are also equally responsible for its upkeep. How do we stand then if she had decided to park there alongside any of her visitors? Surely, we can also send a letter back requesing the same? If our cars are causing issues, surely any other car parked there is doing likewise? Anyone know who we could ask or have any ideas? Any problems caused this far with the actual surface is down to farm vehicles that used to travel across to the field several times a day for years & subsidence (the whole road from top to bottom, council & private). Thanks in advance 😊:)

This was answered in your last thread. It's her land and she has a right to park there along with anyone she gives permission to as long as that doesn't block your right to pass and re-pass to access your property.

The fact that you share an obligation to maintain the road does not give you any rights over it. This obligation is balanced by your right to use the road.

As for the current state of the road, I suspect this is water under the bridge now, but if you want it repaired, you will have to fork out your share.

Not what you want to hear, but I think you are flogging a dead horse here as the legal position seems clear based on what you have posted. You could always consult a specialist on these legal issues as there may be legal nuances to explore, but that will get very expensive very quickly.

Be careful this doesn't turn into a dispute that needs to be declared if you choose to sell. At the moment it is just the road owner asserting their rights and not a dispute. If you start challenging her right then you have a dispute.