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Parking issue

2

Comments

  • loubel
    loubel Posts: 821 Forumite
    Name Dropper First Anniversary First Post
    So you own the driveway which has rights of access over it for the neighbour so that it can only be used to access garage/parking spaces and cannot be parked on?

    But the neighbour is parking on it and blocking you in?

    The neighbour cannot claim a right to park on the land just because the previous owner allowed it.

    You mention shared freehold so are these flats/maisonettes and you own the freehold jointly as well? So you cannot ask the freeholder to enforce because it is you and the neighbour?




  • propertyrental
    propertyrental Posts: 2,467 Forumite
    First Anniversary First Post Name Dropper
    edited 12 February at 3:22PM
    Unless you and your neighbour can come to an amicable agreement you have only 2 options
    1) do nothing and allow the current situation to continue
    2) take legal steps to enforce your rights eg starting with a letter (from you or a solicitor) followed by an application to a court for an injunction.
    With a view to 2) above you might want to start taking photos of the offending parking which you present to the court if it should come to that. Hopefully it won't.
  • maruuchan
    maruuchan Posts: 17 Forumite
    First Post
    Thanks all.
    1. Yes I own the drive and they have a right of way.
    2. We sent them the letter from a solicitor, they just ignored it and then called me problematic.

    My worry is that (as the precious owners passed away) I currently have no prove of the fact it was agreed to park so they could just say that they gained the right cause they have been parking for 20+ years. 
    So my question is - could they gain it if then they’d breach the lease? 
  • Schwarzwald
    Schwarzwald Posts: 471 Forumite
    First Anniversary Name Dropper First Post
    Install a fold down bollard?
  • maruuchan
    maruuchan Posts: 17 Forumite
    First Post
    Install a fold down bollard?
    Would that not be classified as obstructing the driveway and breaching the lease?
  • propertyrental
    propertyrental Posts: 2,467 Forumite
    First Anniversary First Post Name Dropper
    Install a fold down bollard?

    maruuchan said:
    Install a fold down bollard?
    Would that not be classified as obstructing the driveway and breaching the lease?

    Unfortunately yes. The neighbour has a ROW. It's parking that's not allowed, rather than just driving up the drive.
  • Schwarzwald
    Schwarzwald Posts: 471 Forumite
    First Anniversary Name Dropper First Post
    Install a fold down bollard?

    maruuchan said:
    Install a fold down bollard?
    Would that not be classified as obstructing the driveway and breaching the lease?

    Unfortunately yes. The neighbour has a ROW. It's parking that's not allowed, rather than just driving up the drive.
    ah okay, i thought ROW means right of way to WALK, but indeed might mean ROW to drive. if the latter, bollard obv doesnt work
  • aliby21
    aliby21 Posts: 321 Forumite
    First Anniversary First Post Combo Breaker

    maruuchan said:
    Install a fold down bollard?
    Would that not be classified as obstructing the driveway and breaching the lease?

    Unfortunately yes. The neighbour has a ROW. It's parking that's not allowed, rather than just driving up the drive.
    But you could put up a gate, you can even lock it as long as you give the other party a key.  And a security camera, to monitor your drive.....
    Alternatively you could go back to your solicitor and tell him your dimwit neighbour has ignored the letter,  and ask him what is the next step. 
  • RHemmings
    RHemmings Posts: 3,467 Forumite
    Name Dropper Combo Breaker First Post First Anniversary
    edited 12 February at 7:13PM
    If they have a ROW but no parking, then would it be legal to put up a 'No Parking' sign including that any cars  parked there will be towed?

    I'm not suggesting this as a solution because it's too much. But, I'm curious about the legalities. 
  • Schwarzwald
    Schwarzwald Posts: 471 Forumite
    First Anniversary Name Dropper First Post
    Can you issue him parking tickets aka Parking Charge Notices (PCN)?

    he might obviously ignore them, but they might rack up and then at one point you file a small money claim.
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