Neighbour parks in my boundary

jrawle

Having found the above on Google Maps, it may be useful to point out that the seven "parking spaces" in a row are actually garages. This looks like quite an old development, I'd say 60s or 70s, where if people owned a car, it would be one per household, and kept in the garage.

The (second) OP owns one garage, plus the part of the hardstanding outside both his and the neighbour's garages. Naturally, everyone must have right of way over the other people's land in order to access their own garages; the OP couldn't part in front of the neighbour's garage, even though that's the OP's land. On the other hand, it appears the OP is correct that he/she owns the land in opposite their own garage as well as the neighbour (presumably 63)'s garage, and it would be reasonable for the OP to park along the boundary on the opposite side of the hardstanding, as long as it doesn't obstruct anyone else from accessing their garages. The neighbour has no right to park on the OP's property, only to use it as access. The neighbour may well own a different area of the hardstanding, and could park there.

Most of these disputes are caused by people owning more cars than the property is designed for. That's actually more understandable in this case, but ridiculous in newer developments like that of the original-OP.

thedragon_2

So strange I'd just remembered about this thread and decided to check up on it. My argument is the neighbour has access to his drive over my land but has no right imo to park anywhere on it. Means I'm then parking on my other neighbours drive etc etc. Interesting enough this has just happened. The white car is my neighbours to the lefts car but they've decided to park on my neighbour to the rights land. The grey car is our second car parked well within our land and allowing sufficient access 

Jonboy_1984

thedragon_2 said:

So strange I'd just remembered about this thread and decided to check up on it. My argument is the neighbour has access to his drive over my land but has no right imo to park anywhere on it. Means I'm then parking on my other neighbours drive etc etc. Interesting enough this has just happened. The white car is my neighbours to the lefts car but they've decided to park on my neighbour to the rights land. The grey car is our second car parked well within our land and allowing sufficient access 

Without looking at the title deeds that define the legal position, any discussion is just speculation.

It is entirely possible you own the land but have no right to part a vehicle on it yourself (would likely have a red border with that part shaded another colour if that was the case).

thedragon_2

Jonboy_1984 said:

thedragon_2 said:

So strange I'd just remembered about this thread and decided to check up on it. My argument is the neighbour has access to his drive over my land but has no right imo to park anywhere on it. Means I'm then parking on my other neighbours drive etc etc. Interesting enough this has just happened. The white car is my neighbours to the lefts car but they've decided to park on my neighbour to the rights land. The grey car is our second car parked well within our land and allowing sufficient access 

Without looking at the title deeds that define the legal position, any discussion is just speculation.

It is entirely possible you own the land but have no right to part a vehicle on it yourself (would likely have a red border with that part shaded another colour if that was the case).

I 100% own the land and have right to park on it. It's classed as a drive on the site plan and in my deeds it shows the red box the width of my house (the grass and 2 slabs the other side extending up to the kerb behind the parked cars). In this scenario is the neighbour on the right who has the issue who now has no second car parking space

loubel

 When you bought did you not get a written report from your solicitor explaining what you were buying? Have you checked your Deeds as previously suggested?

You are grumbling about a neighbour parking on the shared drive while doing so yourself. It is highly likely that the Deeds say that no-one is allowed to park on it as it is there to provide access to your private driveways. Or are you saying you have an allocated space by the fence set out in your Deeds?

If you want to stop your neighbour parking there you need to firstly check the Deeds to see what you and he are allowed to do on that land. But be prepared that you might have to stop parking there as well if it turns out it's not for parking on.

An alternative would be to have a neighbours meeting and discuss the parking issue and agree that, whatever the Deeds say, you will only park on your own bits of the shared drive, while ensuring that access is not blocked to the private driveways. Assuming everyone is happy with that suggestion.

thedragon_2

loubel said:

 When you bought did you not get a written report from your solicitor explaining what you were buying? Have you checked your Deeds as previously suggested?

You are grumbling about a neighbour parking on the shared drive while doing so yourself. It is highly likely that the Deeds say that no-one is allowed to park on it as it is there to provide access to your private driveways. Or are you saying you have an allocated space by the fence set out in your Deeds?

If you want to stop your neighbour parking there you need to firstly check the Deeds to see what you and he are allowed to do on that land. But be prepared that you might have to stop parking there as well if it turns out it's not for parking on.

An alternative would be to have a neighbours meeting and discuss the parking issue and agree that, whatever the Deeds say, you will only park on your own bits of the shared drive, while ensuring that access is not blocked to the private driveways. Assuming everyone is happy with that suggestion.

Yes it's a drive. Access is allowed but my boundary goes up to the kerb next to the fence. Where the grey car is now is my land. 

loubel

Yes I understand that. Have you read your Deeds to see whether you are allowed to park on it? If your neighbour(s) have a right of access, as would be expected given the layout, you should not be parking there either.

thedragon_2

loubel said:

Yes I understand that. Have you read your Deeds to see whether you are allowed to park on it? If your neighbour(s) have a right of access, as would be expected given the layout, you should not be parking there either.

Yes of course I can park on it

tacticalbanjo

Just because you own it doesn't give you right to park there. Often for land like this you will own the land but can't park there because others have the right to pass over it. This is why people keep asking for the wording in the deeds.

Oxid8uk

As a number of posters have already said, just because you own it doesn't mean you can park on it.

I own the shared driveway that serves mine and two other properties. It's a large area - I could park about 16 cars on it - but it specifically says in my deeds (on the TP1) that myself and my neighbours are only allowed to "pass and repass....solely for the purpose of obtaining access to and egress from the Property to the Estate Road". Therefore, we are only allowed to pass over it to get to our respective 'privately owned' driveways in front of our garages. However, as we all get along and talk to each other, we are all happy for occasional visitors to park on the shared driveway as long as they are not obstructing the access/turning of others.