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Neighbour parks in my boundary

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Comments

  • The part where the car is parked is a shared area. You all share ownership and will be liable for future maintenance of that shared area.

    You all "own" the shared driveway together.

  • It does look like a shared area. If it was just under your ownership why isn’t there any white lines or paving blocks to indicate the individual parking space?

    As others have suggested check your title plan as this will show whether you own it or it’s part of a shared area.

  • Section62
    Section62 Posts: 10,286 Forumite
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    edited 17 December 2021 at 1:11PM
    The part where the car is parked is a shared area. You all share ownership and will be liable for future maintenance of that shared area.

    You all "own" the shared driveway together.


    Not necessarily.
    There could be a common right to pass over the "shared" area, but with the ownership divided between residents on a mutually exclusive basis.  Usually this is the easiest way for developers to arrange things, as "shared ownership" is tricky and normally only done through some form of management company arrangement.
    It all hinges on who owns what, and what rights there are to pass over the land and/or park.  It may be the OP has no right to park there either.

  • Section62 said:

    As you will see from the picture my neighbour parks fairly often over my boundary (follow the fence and the grass boundary up from the house to the other fence) 
    So are you saying you own all the area hatched red here?



    Yes basically. To the right looking the way we are it ends two slabs across but broadly right and the bit I'm questioning is the part where he's driving on the left
  • RelievedSheff
    RelievedSheff Posts: 12,691 Forumite
    10,000 Posts Sixth Anniversary Name Dropper Photogenic
    Section62 said:

    As you will see from the picture my neighbour parks fairly often over my boundary (follow the fence and the grass boundary up from the house to the other fence) 
    So are you saying you own all the area hatched red here?



    Yes basically. To the right looking the way we are it ends two slabs across but broadly right and the bit I'm questioning is the part where he's driving on the left
    If that is the case what does the title say about rights of access and parking?
  • Section62 said:

    As you will see from the picture my neighbour parks fairly often over my boundary (follow the fence and the grass boundary up from the house to the other fence) 
    So are you saying you own all the area hatched red here?



    Yes basically. To the right looking the way we are it ends two slabs across but broadly right and the bit I'm questioning is the part where he's driving on the left
    If that is the case what does the title say about rights of access and parking?
    I don't have the contracts to hand but I leave access and space for them to get out. Just hes parked over my boundary
  • RelievedSheff
    RelievedSheff Posts: 12,691 Forumite
    10,000 Posts Sixth Anniversary Name Dropper Photogenic
    Section62 said:

    As you will see from the picture my neighbour parks fairly often over my boundary (follow the fence and the grass boundary up from the house to the other fence) 
    So are you saying you own all the area hatched red here?



    Yes basically. To the right looking the way we are it ends two slabs across but broadly right and the bit I'm questioning is the part where he's driving on the left
    If that is the case what does the title say about rights of access and parking?
    I don't have the contracts to hand but I leave access and space for them to get out. Just hes parked over my boundary
    It doesn't matter what you do. It matters what the legal documents say.

    He may have as much right to park there as you do, i.e none!!
  • Section62
    Section62 Posts: 10,286 Forumite
    10,000 Posts Fourth Anniversary Name Dropper
    edited 17 December 2021 at 1:33PM

    I don't have the contracts to hand but I leave access and space for them to get out. Just hes parked over my boundary
    You'll need to check what the deeds/contract says, but typically the BiB will be irrelevant.
    If there is a mention of parking not being allowed (or that only access/passing over is allowed) then usually it applies equally to all... as well as him not being allowed to park as he has, you'll probably find you can't park there either.
    Without knowing what the deeds/contract says there is no way of knowing.

  • Section62 said:

    I don't have the contracts to hand but I leave access and space for them to get out. Just hes parked over my boundary
    You'll need to check what the deeds/contract says, but typically the BiB will be irrelevant.
    If there is a mention of parking not being allowed (or that only access/passing over is allowed) then usually it applies equally to all... as well as him not being allowed to park as he has, you'll probably find you can't park there either.
    Without knowing what the deeds/contract says there is no way of knowing.

    By that logic I could park opposite his house? Why would the boundaries include the extra drive if it was meaningless?
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