Lease hold - parking on street

jo_anna22

Hiya
I've moved to a quiet street with large driveways down the side of properties that can hold up to three cars. Unfortunately, it comes off a busy main road with housing with no parking, so obviously lots of people park down out street. Initially this was on a bend at the top of the road but because it was unsafe, it's had double yellow lines put down. Now, those cars have naturally come creeping down the street. One particular resident has her boyfriend to stay most night's and he almost ALWAYS parks outside ours. I'm probably more frustrated here about the fact that she has plenty of drive space and doesn't move up for him but that's not the point.

Anyway - I've checked my leasehold and it says this:

"Not to stand vehicles upon the roads or ways except for reasonable time outside the premises for loading or unloading) nor place thereon any material which may cause any obstruction to or hindrance of the vehicles entitled to use the said road or ways"

I've interpreted this as we're simply not allowed to park on our street. Am I being too literal? And if I can't, how come people off the main road can?

Would love your advice on this one  

nosferatu1001

Because they're not subject to your lease. Easy. 

You could sue for trespass, if you had any standing.  Which you don't. 

D_P_Dance

I've interpreted this as we're simply not allowed to park on our street. 

Perhaps, perhaps not, but what about members of the public?

pould

jo_anna22 said:

Hiya
I've moved to a quiet street with large driveways down the side of properties that can hold up to three cars. Unfortunately, it comes off a busy main road with housing with no parking, so obviously lots of people park down out street. Initially this was on a bend at the top of the road but because it was unsafe, it's had double yellow lines put down. Now, those cars have naturally come creeping down the street. One particular resident has her boyfriend to stay most night's and he almost ALWAYS parks outside ours. I'm probably more frustrated here about the fact that she has plenty of drive space and doesn't move up for him but that's not the point.

Anyway - I've checked my leasehold and it says this:

"Not to stand vehicles upon the roads or ways except for reasonable time outside the premises for loading or unloading) nor place thereon any material which may cause any obstruction to or hindrance of the vehicles entitled to use the said road or ways"

I've interpreted this as we're simply not allowed to park on our street. Am I being too literal? And if I can't, how come people off the main road can?

Would love your advice on this one  

What others above have said.

These are the terms of your lease and are binding on you. Your neighbour's lease may say something different.

Is is a public or private road? If public, I'm not sure the lease can bind you to actions on public land (though I would seek a learned opinion on that).

nosferatu1001

It can't, the lease would be inferior and the lessor can't even write the lease, if it's maintained at public expense. 

It is still public highway, meaning the RTE would all apply

jo_anna22

Thanks everyone - this is all really helpful I didn't think there was much we could do but it's always worth asking!

Scrapit

Whats the problem with them parking outside yours?