Driveway Access - Pinch Points - Knowing My Rights for Right of Way

MattFurious

aoleks said:

2.9m is more than enough for even the widest car with plenty of space on both aides, I don’t see the problem.

This is the incident on the night, there have been other occassions I had to slow down and check that the car was getting through without hitting wing mirrors...

canaldumidi

MattFurious said:

Woolsery said:

In my little town the local bus sometimes has about 0.1m either side when passing between cars in the centre. Last week I watched it inching through, which took a few minutes and meant the road was effectively blocked both ways while it did so. So far there have been a few scraped cars and no known prosecutions; it's just the way things are.

Like people, cars are getting broader in the beam and despite all the eco-concern the hybrid EV 4x4s are probably the worst culprits in recent years. Could it be that your neighbour is not just parking carelessly, but that your car waistlines have also expanded?

..... I guess that if I got a 3m car, then they would have to leave 3m space.  Access is access and dependable on what car I have I suppose.

..........................................

MattFurious

unforeseen said:

Plenty of space
pdfmanforstreets.pdf

Is there any particular part of this that is relevant?  It is a shared drive, not a street or a road...  145 pages to read, can you point out a specific section please.

unforeseen

MattFurious said:

unforeseen said:

Plenty of space
pdfmanforstreets.pdf

Is there any particular part of this that is relevant?  It is a shared drive, not a street or a road...  145 pages to read, can you point out a specific section please.

It is not directly relevant apart from stating what is considered sufficient width needed for various vehicle passing scenarios, 

Section62

canaldumidi said:

If you can get through, then you have access.

If you can't get through, then your right of access is being denied you.

If "The land has the benefit of a right of way over the tinted brown..." then doesn't the right exist over the whole of the brown-tinted land, not just the portion that the owner the land allows the beneficiary to use for access from time to time.

Unless I've missed something, this looks like a straightforward case that the neighbour shouldn't using the land the RoW exists over in any way which impedes the RoW (without the beneficiary's consent).

Certainly the OP's choice of vehicle shouldn't be used against them - if the RoW is wide enough to drive a combine harvester along then the OP should be able to come and go with their combine freely at any hour of the day, without having to ask the neighbours to shift their cars each time.

I also wonder whether there is anything in the planning consent about the maximum number of car parking spaces allowed per dwelling, and/or whether parking on shared/communal accessways is permitted.  Although that may not be a hornet's nest the OP wants to stir up without considering their own planning situation first.

MattFurious

Many thanks for the comments.  The name was a bit of a joke and was based on the boxer as I was not going to create a username with my full name!  I guess that the key issue here is that any general form of communication has broken down, so in effect, the question is whether they are doing things within their rights, or are they overstepping, in which case, I have means whereby I can do formal replies to ensure that it does not happen in future.

I get the sentiment that until I physically cannot get my car out from the garage and get to the main road, then everything they do is acceptable.  Making things difficult would be one of their many games of them pushing the limits and I just need to accept them.  But on the day that they do actually block me, I can go full scale riot on them!!! :P ROFL!!

If I had received some discussion about expansion on my rights, I would then be going to a solicitor to validate, but it seems like a waste of money to do so in this case.

Once again, thanks all for your comments, I will see what other info comes, but I think that is how it will be.  Cheers Matt.

MattFurious

canaldumidi said:

MattFurious said:

Woolsery said:

In my little town the local bus sometimes has about 0.1m either side when passing between cars in the centre. Last week I watched it inching through, which took a few minutes and meant the road was effectively blocked both ways while it did so. So far there have been a few scraped cars and no known prosecutions; it's just the way things are.

Like people, cars are getting broader in the beam and despite all the eco-concern the hybrid EV 4x4s are probably the worst culprits in recent years. Could it be that your neighbour is not just parking carelessly, but that your car waistlines have also expanded?

..... I guess that if I got a 3m car, then they would have to leave 3m space.  Access is access and dependable on what car I have I suppose.

..........................................

LOL

Car needs to be 3m wide, not 3m long!! Hahahaha!!

MattFurious

Section62 said:

canaldumidi said:

If you can get through, then you have access.

If you can't get through, then your right of access is being denied you.

If "The land has the benefit of a right of way over the tinted brown..." then doesn't the right exist over the whole of the brown-tinted land, not just the portion that the owner the land allows the beneficiary to use for access from time to time.

Unless I've missed something, this looks like a straightforward case that the neighbour shouldn't using the land the RoW exists over in any way which impedes the RoW (without the beneficiary's consent).

Certainly the OP's choice of vehicle shouldn't be used against them - if the RoW is wide enough to drive a combine harvester along then the OP should be able to come and go with their combine freely at any hour of the day, without having to ask the neighbours to shift their cars each time.

I also wonder whether there is anything in the planning consent about the maximum number of car parking spaces allowed per dwelling, and/or whether parking on shared/communal accessways is permitted.  Although that may not be a hornet's nest the OP wants to stir up without considering their own planning situation first.

Ah, this was an idea that I had...

This is what I thought and why I started this thread.  As the pinch point is 3.8m, then in theory, with no cars parked on the drive and my garage being over 4m wide, 3.5m wide vehicle could easily fit in my garage and thus be taken up and down the driveway.  Just because I dont have that just now and have a modest VW Golf.

Only information concerning the use of this land is as quoted in the deeds.

Section62

unforeseen said:

MattFurious said:

unforeseen said:

Plenty of space
pdfmanforstreets.pdf

Is there any particular part of this that is relevant?  It is a shared drive, not a street or a road...  145 pages to read, can you point out a specific section please.

It is not directly relevant apart from stating what is considered sufficient width needed for various vehicle passing scenarios, 

I think it is a legal issue, rather than a practical one.  The users of streets and private roads have to take them as they find them as there is (usually) only a general right to pass and repass.

Where there is an explicit private right of way over a defined area of land the situation is different.

Woolsery

The police are not usually interested in a situation when someone is prevented from entering their property with a vehicle, but if they are unable to leave with it, the situation changes and a prosecution is possible.

Of course police priorities are relevant here too. Given we had to wait an hour for them to attend an RTA with overturned vehicle injured driver and blocked road a few weeks ago, they might decide to take much longer than that!