Can deeds be wrong?

Jim4444

We rent our house and the next door neighbour says we can not park outside our house on our land. The land lord says it’s fine, we have seen the deeds and it doesn’t say you can not park (but access must be given at all times - the access on the deeds is 40 foot away from out front door), all our neighbours park in the same way.

What do you think? It’s really making us think about handing in our notice!

Jim4444

To their back door - the access runs across all 8 houses and our car, and the neighbours cars when parked is at worse 15th clear of this.

bouicca21

I don’t understand, could you give a diagram?

Is it some sort of alleyway? Does your car block it?

princeofpounds

Your posts are not very clear. And your real question is whether you can park outside your house, yes?

Please post the full working of the relevant part of the title deed, and please explain the layout properly. Also, are you sure that this right of way is the actual reason your neighbours think you can’t park?

The likely situation is that there is a right of way for all your neighbours across part of your land, at all times and for all purposes. You therefore are not allowed to cause a substantial obstruction. Only a court can decide what qualifies, but it doesn’t have to be that big - for example installing an unlocked gate or a large plant pot can be an obstruction if it is in the wrong place.

But from your description it appears that where you are parking is 40ft away from the right of way? That would not be an issue.

But frankly this is all guesswork until you are more precise.

Davesnave

Jim4444 wrote: »

To their back door - the access runs across all 8 houses and our car, and the neighbours cars when parked is at worse 15th clear of this.

Should this read:

" The line of access crosses the land of 8 houses.

Our car and other neighbours' cars are never parked closer than 15' to the building, allowing plenty of room for access."


....or something very close to this?

PasturesNew

We're guessing what you mean, but, if you only have a right of access across land then you do not have the right to park.

While occasional/short-term loading, or a workman, or similar, might be "let off" if you're parking your car there all the time while you're at home then that would be in contravention of an "access only" right.

What others do is of no concern. Those others might have different deeds. Those others might be liked by the land owner who lets them off.

We really need to have a diagram and exact deeds words.

But ... at first glance, to me, it appears you are parking all the time on private land where you only have an access right.

How much room you think you're leaving, and whether that is 'enough', is irrelevant if you do not start with any right to park there.

G_M

As others have said, you need to explain, in full


* the layout of the various properties and the road(s)
* whether the road and parking areas are public highway or privately owned
* what the Deeds to your house say and what the Plan shows
* what the Deeds to your neighbour's house say and what the Plan shows


Otherwise we are just guessing and you will not get good advice.

davidmcn

And in any event, this only tells us what the OP's landlord has a right to. It's possible for a landlord to have a right to park a car but not pass that on to their tenant.

G_M

davidmcn wrote: »

And in any event, this only tells us what the OP's landlord has a right to. It's possible for a landlord to have a right to park a car but not pass that on to their tenant.

True though the one clear thing OP has said is "The land lord says it’s fine,".

parkrunner

Tell the neighbour to deal with your landlord only.