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Parking issue

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Comments

  • user1977
    user1977 Posts: 13,919 Forumite
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    If you've already consulted a solicitor about it, why not go back to them for advice on the next stage?
  • eddddy
    eddddy Posts: 16,384 Forumite
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    This highlights the huge problem with 'share of freehold' properties.

    If one (or more) of the joint freeholders breaches the lease, it's really difficult to take enforcement action. 

    maruuchan said:

    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. 


    I'm not sure that's relevant.  The previous owners allowed the neighbours to park on the drive when they owned the drive. The previous owners don't own the drive anymore. It doesn't mean you have to allow them.

    (I might allow my neighbours to use my garden hot tub. If I sell my house, it doesn't mean the new owners have to continue allowing the neighbours to use their garden hot tub.)

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

    I guess it depends how hard you want to play the game.  If you want to take things to an extreme level...
    • The neighbours are breaching their leases by parking on your drive - and it's very difficult for you to take enforcement action.
    • So you could retaliate by breaching your lease by blocking their right of way - and it would be very difficult for your neighbours to take enforcement action

    But I suspect that would escalate things quite dramatically.

    Maybe if you said to them in a letter something like "You are breaching your lease by parking on the drive. Unless you stop parking on the drive, I will have to block the drive, until you give me an undertaking that you will not park on the drive anymore."


  • maruuchan
    maruuchan Posts: 17 Forumite
    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.
    They only have a right of way by foot. Not car. 
  • artyboy
    artyboy Posts: 870 Forumite
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    maruuchan said:
    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.
    They only have a right of way by foot. Not car. 
    Well that's a fairly significant additional piece of information! Bollard for certain then! Or anything that blocks a car without blocking a person...

    Absolute p@ss taking by the neighbour here...
  • loubel
    loubel Posts: 821 Forumite
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    Indeed! They can't just decide to park on your land because they are allowed to walk across it!
  • artyboy
    artyboy Posts: 870 Forumite
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    edited 13 February at 8:45AM
    One other thing that occurs to me (from having hung around the Parking boards a bit) is that there 'might' be a criminal angle here to explore under the Protection of Freedoms Act 2012 ("POFA").

    What that did was basically outlaw clamping and other physical restrictions on private land by cowboy parking firms. IIRC, it was made a criminal offence to intentionally block your car from leaving private land once it was parked there.

    So your neighbour would appear to be doing just that - they might argue that "all" you have to do is ask them to move their car, but nonetheless they are still intentionally blocking your exit at the point they park there.

    I could be wrong and it probably needs one of the parking board experts like @Coupon-mad to opine. Certainly the police would try and brush it away as a civil matter, but it COULD be a different option to take here - your neighbour might take a different view if threatened with criminal sanctions...
  • maruuchan
    maruuchan Posts: 17 Forumite
    First Post
    thanks all.
    I guess the issue is
    1. I know they technically can’t park but what if they have acquired the right by doing so for 20 years?
    if I enforce not to park would that not mean I can be taken to court? 

  • user1977
    user1977 Posts: 13,919 Forumite
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    artyboy said:
    One other thing that occurs to me (from having hung around the Parking boards a bit) is that there 'might' be a criminal angle here to explore under the Protection of Freedoms Act 2012 ("POFA").

    What that did was basically outlaw clamping and other physical restrictions on private land by cowboy parking firms. IIRC, it was made a criminal offence to intentionally block your car from leaving private land once it was parked there.

    So your neighbour would appear to be doing just that - they might argue that "all" you have to do is ask them to move their car, but nonetheless they are still intentionally blocking your exit at the point they park there.

    I could be wrong 
    You are, I can't see this amounts to an intention "to prevent or inhibit the removal of the vehicle by a person otherwise entitled to remove it", merely parking in the way because you CBA (rather than because you want to stop your neighbour getting out) isn't going to amount to it.

    https://www.legislation.gov.uk/ukpga/2012/9/section/54/enacted

    Plus the cops are hardly likely to be interested in neighbours bickering about parking on a shared driveway.
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