Neighbour parks in my boundary

saajan_12

thedragon_2 said:

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

Well no, that's not 'of course' the case. In fact more likely that you can't. 

The only way to check is by reading the deeds - not just what area, but who has ROWs. If land you own is covered by a ROW, you have to allow that ROW to be used at any time, even if that means you can't use it how you'd like. 

Tiglet2

thedragon_2 said:

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

OP, on 17th December 2021, Canaldimidi posted this response to you:

"I hesitate to be repetitious, but have you done this yet (downloaded the title deeds and plans for you and your neighbour)? The site plans are irrelevant. The contract is irrelevant. Our guesses are irrelevant. In fact (other than by pursuing tea and biscuits) even common sense is irrelevant!

What matters is where the legal boundaries of each property are, and what rights each property (or indeed the public) has over the neighbouring property.

Only the Title documents and Plans will tell you that.

https://eservices.landregistry.gov.uk/eservices/FindAProperty/view/QuickEnquiryInit.do


Please quote exactly what is stated on your deeds and your neighbour's deeds.
Then please post a photo of your title plan and your neighbour's title plan 
(redacting identifying information)
Please note:  Site plans are not legal documents and are therefore irrelevant.

I don't think anyone can help you unless you do the above.

Oxid8uk

Tiglet2 said:

thedragon_2 said:

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

OP, on 17th December 2021, Canaldimidi posted this response to you:

"I hesitate to be repetitious, but have you done this yet (downloaded the title deeds and plans for you and your neighbour)? The site plans are irrelevant. The contract is irrelevant. Our guesses are irrelevant. In fact (other than by pursuing tea and biscuits) even common sense is irrelevant!

What matters is where the legal boundaries of each property are, and what rights each property (or indeed the public) has over the neighbouring property.

Only the Title documents and Plans will tell you that.

https://eservices.landregistry.gov.uk/eservices/FindAProperty/view/QuickEnquiryInit.do


Please quote exactly what is stated on your deeds and your neighbour's deeds.
Then please post a photo of your title plan and your neighbour's title plan 
(redacting identifying information)
Please note:  Site plans are not legal documents and are therefore irrelevant.

I don't think anyone can help you unless you do the above.

Just a note though - for my property the detail for the RoW is not on the official copy of register of title that you can download from the LR but is referred to under 'Charges Register' as an additional file (which is the TP1). So the OP might not get any meaningful info from downloading theirs and their neighbours title deeds. If the OP has a copy of their TP1 then I expect the wording in there would be the same as their neighbours.

Tiglet2

Oxid8uk said:

Tiglet2 said:

thedragon_2 said:

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

OP, on 17th December 2021, Canaldimidi posted this response to you:

"I hesitate to be repetitious, but have you done this yet (downloaded the title deeds and plans for you and your neighbour)? The site plans are irrelevant. The contract is irrelevant. Our guesses are irrelevant. In fact (other than by pursuing tea and biscuits) even common sense is irrelevant!

What matters is where the legal boundaries of each property are, and what rights each property (or indeed the public) has over the neighbouring property.

Only the Title documents and Plans will tell you that.

https://eservices.landregistry.gov.uk/eservices/FindAProperty/view/QuickEnquiryInit.do


Please quote exactly what is stated on your deeds and your neighbour's deeds.
Then please post a photo of your title plan and your neighbour's title plan 
(redacting identifying information)
Please note:  Site plans are not legal documents and are therefore irrelevant.

I don't think anyone can help you unless you do the above.

Just a note though - for my property the detail for the RoW is not on the official copy of register of title that you can download from the LR but is referred to under 'Charges Register' as an additional file (which is the TP1). So the OP might not get any meaningful info from downloading theirs and their neighbours title deeds. If the OP has a copy of their TP1 then I expect the wording in there would be the same as their neighbours.

Yes, you are correct.  If there are any documents listed in the deeds which refer to rights contained in a Transfer dated ......, then OP would need to obtain copies of those documents as well.

Titus_Wadd

We own the dominant tenement a.k.a. a right of way to "pass and repass".  The owner of the estate road/ shared access which serves all the houses on our cul-de-sac, owns the servient tenement.  He mistakenly believed that, as the "owner", he could do what he liked.  The road is "his" on his house deeds but we had to take him to court to have a judge explain it to him that he can't park or dump stuff on the right of way; expensive for him and us!

No one is allowed to park on the right of way, not even the owner!  When he built the houses and retained ownership of his new house and the shared drive, he didn't understand that he'd given up some of his original rights to use the road when he separated and sold off the plots with each acquiring a R of W.

So as others have suggested, without reading your deeds with plan...and those of your neighbours', no one can tell you what they say and begin to advise their meaning.

I wouldn't continue to park there until you are sure...maybe the neighbours see other cars parked there and think it's a free-for-all to do the same.