Neighbour building a drive onto private road

TBagpuss

Numpty22 said:

Not sure if right category-
I live on a private road where each houses boundaries stretch across the bit of road behind their house. Each house uses the bit of road behind their house to park (the front is a footpath so this is the only place to park).
There is a house on the adjoining main road (which is a public road) who have a double drive and usually park their third vehicle on the main road in front of their drive. The side of their back garden fence borders with the private road but they do not live on it. They have started parking a vehicle where I usually park and have stated it is because they are building a large gate and drive so they can also have a drive in their back garden. 

Although they are within their rights to build a drive as far as I know, they would be driving over private property every day to access it and taking away at least two parking spaces. The local council have said it is a private road with no right of access for this resident and we would be well within our rights to carry on parking where we have been even once their gate is built but I can see this leading to daily confrontations and stress. 

Unfortunately the council won’t get officially involved as it is a private matter, and taking a legal route is expensive. The resident has been dismissive and sometimes aggressive when talked to. 

What, if anything, can be done in this situation? 

Get legal advice, but if you own a portion of the road can you not put a fence up on your own land, in front of their fence, so that they can build their driveway but can't access your land and the private road from it? You could also put a folding bollard at the front of the space you park on, if you are 100% sure that that is your land, so that you could get into and out of the space but other vehicles can't (this would also allow you to let them use the access to the gate on a case-by-case basis if you wanted to.

If the piece you park on is not yours then you may still be able to do this f the other joint owners of the private road were to agree, -if they have RoW over the space you park in you might get agreement subject to you agreeing to provide them with a key for the folding bollard, for instance.

But you definitely need to get specialist legal advice to ensure that you are acting within your rights.

Probably at that point the next step would be to get a form letter sent to them to state that they do not have rights of access over the private road and that they must not park or otherwise obstruct your space. 

Section62

Grizebeck said:

A drive which isnt porous (ie tarmac) requires planning permission btw...

That applies to front gardens.

Hardstandings at the rear of the property (which is what it sounds like the OP's neighbour is doing) would probably come under permitted development regardless of material type... subject to having PD rights and no planning conditions etc.

propertyrental

A letter won't cost anything (if had delivered!).

Clearly explaining the road is private and access is restricted to houses A, B, C etc, and or that bit of the road belongs to you.

Attach copies of the relevant Land Registry plans (ie yours and/or for ownership of the road).

Keep it light and suggest you'd far rather resolve this amicably than via a more formal route. Perhaps suggest they pop round for tea (and cake!) to discuss.

But ultimately you may need legal action. Assuming you win (and it sounds like you would) you'd claim back your costs from them.

If you have legal cover via your union, house insurance or some other source, use that.

MultiFuelBurner

A picture paints a thousand words. Any chance of a picture of the situation?

Flugelhorn

MultiFuelBurner said:

A picture paints a thousand words. Any chance of a picture of the situation?

my very thoughts - I am struggling to visualise this 

sheramber

It is hard to imagine your parking place being behind their house rather than behind your own.

Are these official parking spots or just parking on the private road?

propertyrental

sheramber said:

It is hard to imagine your parking place being behind their house rather than behind your own.

Are these official parking spots or just parking on the private road?

OP said "each houses boundaries stretch across the bit of road behind their house. " so I assumed he was parking on a stretch of land he owns.

Might be wrong. A map/diagram would certainly help!

Flugelhorn

sheramber said:

It is hard to imagine your parking place being behind their house rather than behind your own.

Are these official parking spots or just parking on the private road?

it sounds like it is the side of the garden of the neighbours that borders onto the private road - that is probably the only bit of their property that borders it

FreeBear

propertyrental said: But ultimately you may need legal action. Assuming you win (and it sounds like you would) you'd claim back your costs from them.

It is not always a foregone conclusion that you would be awarded costs if you win - A work colleague won a boundary dispute, but the judge ruled that each party should pay their own costs.

saajan_12

Numpty22 said:

Not sure if right category-
I live on a private road where each houses boundaries stretch across the bit of road behind their house. Each house uses the bit of road behind their house to park (the front is a footpath so this is the only place to park). -  would be easier to visualise with a diagram if you can knock one together?
There is a house on the adjoining main road (which is a public road) who have a double drive and usually park their third vehicle on the main road in front of their drive. The side of their back garden fence borders with the private road but they do not live on it. They have started parking a vehicle where I usually park - do you usually park on your bit of the private road? You might want to (charitably) allow then to pass over the land, but definitely wouldn't let them park on your private land when it directly impacts you. 
and have stated it is because they are building a large gate and drive so they can also have a drive in their back garden. 

Although they are within their rights to build a drive as far as I know, they would be driving over private property every day to access it and taking away at least two parking spaces.- how would they be taking away parking spaces? If they don't have right to access via your private road, then you don't have to keep it clear, so you / other neighbours can still park there. 
The local council have said it is a private road with no right of access for this resident and we would be well within our rights to carry on parking where we have been even once their gate is built but I can see this leading to daily confrontations and stress. - well exactly, do speak to them and possibly even write to them politely reminding that the space is your private road, so you would be parking there, so they might not want to go through the expense of building a drive they can't access. 

Unfortunately the council won’t get officially involved as it is a private matter, and taking a legal route is expensive. The resident has been dismissive and sometimes aggressive when talked to. 

What, if anything, can be done in this situation? 

First double check the land is fully private land with no easements etc for general public beyond the specific houses. 

They definitely shouldn't be parking on your private land when its directly impacting you. 

If you want to be nice, you could allow access provided you still have space to park. [A diagram would help - how can the other properties on your street get past your parked car? If you've effectively created a parking lane and a driving lane, could those be switched?] However don't have to at all. While it might be more hassle than its worth physically blocking all access, but you dont' have to leave your parking area empty to ensure clear access for them. 

Either way, I would
1. drop them a note to the house initially reminding them its private land, so they can't park there and it would not necessarily be kept clear for their drive way. Frame it as trying to be helpful to avoid them spending significant costs. 
2. If that doesn't work, drop a note on their car. Slightly more confrontational but still polite. 
3. If that doesn't work, then maybe a parking bollard or physical barrier.