Neighbour visitors parking on easement

user1977

Martyn_H said:

What would happen if the OP needed to go to A&E at 2am and a vehicle was blocking his/her exit?

They'd do whatever anybody who wasn't driving themselves to A&E would do?

Section62

Martyn_H said:

Regardless of the meaning in this case of "temporary", isn't this more a case of obstruction?

Would it be obstruction if they have been given permission to park there?

MeteredOut

NameUnavailable said:

If I were you I'd just park my car on the blue area and see how the neighbours like it!

Yes, but only temporarily.

Martyn_H

You might be able to get the council to move the lamp post at your expense. My neighbour did this, admittedly when the posts were being renewed. I think the limit was 1 metre but I could check.

newsgroupmonkey_

TinUK74 said:

I cant see how to edit a post, but does anyone know where I can obtain the document referenced SF........?

Yes, there's a form you can fill out. I had to do this when I was considering purchasing my current house.

https://www.gov.uk/get-information-about-property-and-land/copies-of-deeds

ThisIsWeird

I cannot comment on what the 'temporary' might mean, but a couple of points are surely so obviously the case that it might suggest its intended meaning?
1) if, by parking on the blue area, this prevents (or even makes difficult) someone else - who has equal entitlement to this access - from gaining access to their own allocated parking space, that isn't reasonable. It does not make sense that being able to block someone in, for such an unspecified duration, was intended as an acceptable consequence of the easement.
2) if they can do this, then so can you. Not in any malicious or vexatious manner, of course - you are far too reasonable for this... - but it could be suggested, or even carried out, as a matter of practical necessity. "I was blocked in the other day by a car parked on there. I need to use my car today/this week/forever, and cannot risk this happening again, so I'll be parking my car just inside the blue zone from now on to make sure. I know you'll understand..."
On that basis, I'd suggest the only reasonable meaning of 'temporary' is for loading and unloading. Ie, minutes.

Section62

ThisIsWeird said:

I cannot comment on what the 'temporary' might mean, but a couple of points are surely so obviously the case that it might suggest its intended meaning?
1) if, by parking on the blue area, this prevents (or even makes difficult) someone else - who has equal entitlement to this access - from gaining access to their own allocated parking space, that isn't reasonable. It does not make sense that being able to block someone in, for such an unspecified duration, was an acceptable consequence.

It depends on what was agreed.  If this was two friendly neighbours and one was doing the other a favour, knowing that they wouldn't get blocked in and/or the blocker would happily move their car 24/7 if necessary, then I could see the previous owner of the OP's property being willing to accept that risk on a temporary basis (e.g. short-term, not forever).

ThisIsWeird said:

2) if they can do this, then so can you. Not in any malicious or vexatious manner, of course - you are far too reasonable for this... - but it could be suggested, or even carried out, as a matter of practical necessity. "I was blocked in the other day by a car parked on there. I need to use my car today/this week/forever, and cannot risk this happening again, so I'll be parking my car just inside the blue zone from now on to make sure. I know you'll understand..."

It depends what the full agreement says.  If they have granted an access right - and possibly a right to park on the blue area - then frustrating that right by parking on the area to prevent its use could lead to legal difficulties.  Granting a right doesn't automatically give you the same right, nor can you arbitrarily interfere with that right.

ThisIsWeird said:

On that basis, I'd suggest the only reasonable meaning of 'temporary' is for loading and unloading. Ie, minutes.

The legal term for loading/unloading is "loading".  If the right being granted was for loading/unloading only then you might expect the person drafting the document to use the legally correct term "loading", rather than introducing some horrible ambiguity with the word "temporary". (assuming the drafter had some legal knowledge)

Notwithstanding the inability of any of us to give a definitive answer without seeing all the documentation, I'd suggest there are various other reasonable meanings of "temporary", some of them probably more likely than loading/unloading.

aliby21

TinUK74 said:

I cant see how to edit a post, but does anyone know where I can obtain the document referenced SF........?

It is form OC2 I think, rather than OC1.  you need to do it by post with a cheque and ask for the specific information you want.
while you are at it it is probably a good idea to also get the deeds and easement information for the neighbour who is causing the issues

propertyrental

Form OC2 £7 from the Land Registry by post.

https://www.gov.uk/government/publications/official-copies-of-documents-registration-oc2

Also get the Title and Plan for both your own and your neighbour's houses (£3 x 4 electronically)

https://search-property-information.service.gov.uk/?_ga=2.227252893.1011285419.1624257816-2123334908.1623227908

If your neighbour;s Title has a similar reference to a Conveyance with restriction, then use his Title number to buy that document too (OC2 £7)

Schwarzwald

i would vote for temporary as in not permanently, ie parking and leaving unattended yes as long as not permanently.

ultimately this needs reaolution.

i probably would try to force resolution by parking myself in the area when they are away, ie blocking them out, not in.

then stress that this is not workable and needs working together to resolve