Neighbour parks in my boundary

RelievedSheff

thedragon_2 said:

Section62 said:

thedragon_2 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?

Yes.

This is exactly why we discounted any houses with a shared driveway. They cause nothing but trouble and arguments.

Just wait until it needs some maintenance and you are trying to sort that out between you all!

Section62

thedragon_2 said:

Section62 said:

thedragon_2 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 (1) I could park opposite his house? (2) Why would the boundaries include the extra drive if it was meaningless?

1) Yes or no (depending on the deeds). It is more common for nobody to be allowed to park on shared areas.

2) Because someone has to own the freehold of the land.  That can either be done by one person or organisation owning the whole area, or dividing it into 'strips' owned separately by each frontager. From what you describe the latter is more likely to be the case here - you own the land, but are limited in what you can do with it, and have to allow the neighbour(s) to pass over it to get to their property.  This should all have been made clear in the contract - the different rights/restrictions applying to each part of the land within the title should be explicitly stated.

canaldumidi

So how does your neighbour to your left get to his driveway? He must have to pass over 'your' land to get there. Which means he must have as a minimum a Right of Way, and possibly right to park.

Have you downloaded the Title document (£3) and Title Plan (£3) from the Land Registry? What exactly do they say?

Brie

From what you are saying you have exclusive rights to park wherever you like on your property (aka the red hatched area). 

so you could have ten friends over and you could all tightly pack your 10 cars into that area effectively preventing him from getting to his rightful parking space.  Alternatively if he backed right to the fence on what is presumably his area in front of his parking space you would be allowed to park immediately in front of him a half inch from his bumper preventing him from leaving.  

Now both of these scenarios may be legal in the strictest sense (but I doubt it) but I believe would definitely not be what was intended when the parking was planned.    I think the best you might ask for is him to park along the left hand fence to allow you more easy access to your own single space.  But frankly I think in reality you should either learn to live with the situation as is or realised that neither can be allowed to park a second car anywhere on the property.

thedragon_2

It's listed on the site plans as "Private Drive"

aoleks

we're not saying you're lying, we're just saying we're finding it hard to believe that's YOUR boundary. in fact, I'm sure it's not, because it can't possibly be. there's at least a right of way there, if not more. it also doesn't look as a parking space, so most likely none of you are allowed to park!

comeandgo

thedragon_2 said:

It's listed on the site plans as "Private Drive"

But what do the deeds say

TripleH

Canaldumidi is correct, it's what both deeds say.

Yours can say that's your land and only you can park but your neighbour has right of access then you are right, but if your neighbour's says hechas right of access and can park as he is in his, then he is also doing nothing wrong (which creates another bigger issue).

If both are recent purchases, I assume you have your deeds to hand already?

For the cost of downloading your neighbour's and yours now, it could save you far more than £6 in the future.

RelievedSheff

thedragon_2 said:

It's listed on the site plans as "Private Drive"

The part directly in front of your property is a "private drive"

The part which only you can use.

Are you reading the title plans correctly?

user1977

thedragon_2 said:

It's listed on the site plans as "Private Drive"

Please show us what you're looking at - in particular, it's your titles which matter, not whatever the "site plans" are.