Neighbour who has a private right of way is parking and leaving their things there

Tranboy

Section62 said:

Tranboy said:

How much value will you lose on selling if this situation is not resolved? or worse it escalates and he takes more space. Time to install that removable bollard.

If I've understood correctly the neighbour has a right of way over the land.  Installing a removable bollard wouldn't help the situation.

His motobikes will still have access to the bricked up garage door office conversion but the car that parks there sometimes that blocks the OP from having easy access to his own garage and garden won't so he will not need to squeeze past any more as he says he has to.

Section62

Tranboy said:

Section62 said:

Tranboy said:

How much value will you lose on selling if this situation is not resolved? or worse it escalates and he takes more space. Time to install that removable bollard.

If I've understood correctly the neighbour has a right of way over the land.  Installing a removable bollard wouldn't help the situation.

His motobikes will still have access to the bricked up garage door office conversion but the car that parks there sometimes that blocks the OP from having easy access to his own garage and garden won't so he will not need to squeeze past any more as he says he has to.

It's a right of way, the presence of garages strongly suggests it is a vehicular right of way, which is consistent with the wording the OP posted earlier in the thread.

You can't block a vehicular right of way with any kind of bollard without the agreement of all the people benefitting from the ROW.  It would make the OP as much in the wrong as the neighbour is if they did this.

canaldumidi

Section62 said:

Tranboy said:

Section62 said:

Tranboy said:

How much value will you lose on selling if this situation is not resolved? or worse it escalates and he takes more space. Time to install that removable bollard.

If I've understood correctly the neighbour has a right of way over the land.  Installing a removable bollard wouldn't help the situation.

His motobikes will still have access to the bricked up garage door office conversion but the car that parks there sometimes that blocks the OP from having easy access to his own garage and garden won't so he will not need to squeeze past any more as he says he has to.

It's a right of way, the presence of garages strongly suggests it is a vehicular right of way, which is consistent with the wording the OP posted earlier in the thread.

You can't block a vehicular right of way with any kind of bollard, or indeed with a vehicle of your own,  without the agreement of all the people benefitting from the ROW.  It would make the OP as much in the wrong as the neighbour is if they did this.

The problem is that both parties have a right to drive up/down the driveway (albeit the neighbour no longer as a garage to drive to), so the driveway needs to be kept clear.

OP can, of course, legally drive up to and into his garage, though this is apparantly too small for his car. So in practical terms, removing the neighbour's motorbikes and container etc won't provide any additional parking space for the OP since the neighbour also has a right to drive unobstructed  up to his (ex) garage........

Norman_Castle

theoretica said:

Norman_Castle said:

gun_raider said:

thegreenone said:

GDB2222 said:

Out of interest, where do you park your car?

This is what I was going to ask.  Can you get your car into your garage?

Just to clarify there isn’t enough space to fit a modern car inside the garages unless you drive one of those smart cars. They’re just there for storage purposes.

Motorbikes will fit. Has he got a parking permit? Why should you pay for a parking permit when you could park outside your garage?

But he possibly can't park there according to the letter of the deeds - if he would be blocking his neighbour's right of way (to drive into what is now a blank wall).

I expect he would be blocking the row but why shouldn't he if the neighbour is.

Section62

Norman_Castle said:

theoretica said:

Norman_Castle said:

gun_raider said:

thegreenone said:

GDB2222 said:

Out of interest, where do you park your car?

This is what I was going to ask.  Can you get your car into your garage?

Just to clarify there isn’t enough space to fit a modern car inside the garages unless you drive one of those smart cars. They’re just there for storage purposes.

Motorbikes will fit. Has he got a parking permit? Why should you pay for a parking permit when you could park outside your garage?

But he possibly can't park there according to the letter of the deeds - if he would be blocking his neighbour's right of way (to drive into what is now a blank wall).

I expect he would be blocking the row but why shouldn't he if the neighbour is.

"Two wrongs..." etc etc.

If the OP ulimately needs to take legal action they could scupper themselves by behaving the same way as the neighbour.

saajan_12

7 pages of debate for what boils down to the following:
Ask the neighbour if they knew you can't really park or store things on this lane, its meant for access only but otherwise its on our deeds. Its impeeding your access, so could they store the items elsewhere and park on the road pls. If they really kick up a fuss, THEN (and only then) you can either
- say "look thats the deeds, I don't might if you do one or the other, as long as I can get through comfortably and then we can stop this escalating"; or
- ask your solicitor to send a letter asking for the area to be cleared and to desist from allowing anyone to park there. 

theoretica

Also worth thinking about the fact that the neighbour wanted to buy the freehold - and presumably not to keep it empty as a right of way.  So either he hoped to buy it without having a right of way for the OP's garage, or the neighbour believes that the freeholder has more rights than he does.