Title Plan/problems with neighbour and parking

ruthhardy

Recently moved into a new rented home in a cul-de-sac with a double driveway to the front. The driveways aren’t separated but it’s clear to anyone who owns which driveways iyswim. There are also dropped curbs. I’ve been having issues with the neighbour to the left on the Title Plan using my left side driveway to access their own instead of moving the car parked across the end of their drive. Because they have a caravan and two cars it means their visitors park over the dropped kerb blocking both my driveways. This happens on an almost regular basis. I presume the hatching means that the neighbours on the right side have a right of access over my drive to get into their own. They don’t use that side as they’ve only got one car so had no issues with them so far. What can I do about the neighbours on the left side? Since there is no right of access/easement marked out could I put a chain up or some rocks down to stop them driving over?

davidmcn

I'd have thought it's more for your landlord to sort out. Have you spoken to them?

need_an_answer

Anything that you want to do re putting in rocks or chains would need to be discussed and agreed by your LL as its rental property.
Whilst that may solve the problem for you if you do these things without LL agreement you could find yourself losing your deposit in the future when it comes to moving out and it could be deemed that you damaged or altered the property without the consent of LL.

notrouble

Must admit your description is not very clear, and the attached Plan does not help. You have two driveways?

Still, the essence seems to be that one of your neighbours is blocking your driveway yes?

A fairly typical neighbour dispute. The best aproach, if possible, rather than waving Title Plans around, is (in the words of an absent but long-standing poster here) 'tea and cake'. Ideally of course home made. Sit down over a friendly cuppa and resolve the matter with compromise.

The Title Plan can be used of course if this escalates to a legal dispute, but quite apart from the fact that you're not the property owner, that would be akin to putting a grenade in the 'Gateau Suprise'!

AdrianC

The plan etc is actually not particularly relevant. The relevant bit is that people are parking over a drop kerb. And that's a general traffic no-no.

Of course, getting the police to do something about it is the hard bit. It's the visitors who are at fault with their idiotic parking.

xylophone

Speak to your neighbours and ask them to request their visitors not to block your access - parking in front of a dropped kerb  and blocking access to a drive seems to count as "obstruction".
https://www.honestjohn.co.uk/news/legal-motoring-advice/2017-07/your-guide-to-parking-rights/

akwexavante

Park your own car there!  Your property is a rental and you're the tenant and as such your neighbour considers you to be 2nd class!  They'll do as they please, the neighbours are tenants, the landlord won't care as long as he's getting his rent!

Wrong i know but i feel that, that's the situation you're in.

PasturesNew

It sounds like you're outnumbered.  It's best to avoid situation where neighbours/households outnumber you as they always lord it over those who have smaller households.  If you're a household of one you really have to watch your rear as they and their friends, family, visitors will just assume they can take the mick anytime they want and you just have to suck it up. 

Parking there yourself, if possible, is annoying, but do it if you can spot a pattern of times/days when they're most likely to be at it. 

"Defendable borders" is top of my list for house hunting.  You have to know what's yours AND be able to defend it.  Of course, rude dropped kerb blocking isn't defendable, unless you get a tank and are prepared to just drive over theirs with it.   

zagubov

Are you allowed to rent out your driveway/parking space (to, say, a family member or friend)?

princeofpounds

Hi OP.
Your explanation is somewhat confusing. However, I might add a few points:
- The hashed blue area is likely to imply that someone has a right of way over that area - presumably your neighbour to the right on this plan - but we cannot say for certain without reading the deeds. You can download these from the land registry for a couple of quid. It's a pretty stupid way to lay out a title (after all, what feature is there on the ground denoting the location of that triangle?) but it is what it is.

- It's quite possible you have a similar right over your neighbour to the left's land. You can also download their deeds to check. 

- The issues around blocking the dropped kerb and the neighbour driving over your land are legally separate, even though they are practically linked. Bear in mind your neighbour to your left may believe they have a right to traverse your land even if they don't, given it looks likely some kind of rights of way do exist between neighbours. Obviously a discussion is likely to be the best way forward, but assuming it fails...


-  With the neighbour driving over your land, assuming they have no right of way, then you have two basic methods of defense. One is legal - gather evidence, get an injunction preventing trespass etc. That's unlikely to be practical or cost-effective. The other, which would be more normal as a first step, is a physical defense; erect a barrier to prevent the trespass. A fence, wall, bollard, planter, chain... all are possible. That will force the neighbour to change how they approach parking, or elevate to a potentially criminal act by damaging your barrier - simply accessing open land is not in itself a crime in England & Wales. Obviously you need the Landlord to agree to any modifications you need, in writing ideally. 

- With blocking the kerb, that is a matter for official enforcement, usually the council, sometimes the police (it depends on the local arrangements, but normally it's the council unless you are trapped on your own driveway and the neighbour is refusing to move, in which case the police may choose to deal with it under anti-social behaviour laws). Sometimes enforcement can be rather lazy, but the squeaky wheel should eventually get the grease, especially if you can impress upon them any emergency issues.

Another approach would be park so as to block the neighbour when they block you, or to complain and ask them to move the car every time they do it. If you do this at inconvenient hours, they are more likely to think about what they are doing in future. You don't need to be too verbally aggressive about all this, the deterrent should be in sharing the inconvenience rather than confrontation. You can even thank them when you ask them to move their car at 2am because your dear mother is ill and you need to get to her.