Owning half of the road

Salsa2602

On my title deeds, there is half of the road edged red within my boundary which would mean I have a specific car parking spot outside my home. 

I live on a cul de sac of a single terrace row and have been here for almost 20yrs without any issues but for the last couple of years my neighbours who rent have 3/4 cars and it's leaving all of us without a car parking spot or having to park at the top on double yellows. The road is maintained by the council and of course people have access and almost all of us only have one car. I have spoken to my neighbours about this multiple times as I am on my own with three children and it just seems like courtesy to not let me walk far or even getting the shopping out etc. Often I am up very early carrying my youngest to the car aswell but they continue to spread their cars out and not allowing others to park or to then block someone else's parking. I have spoken to them multiple times but just get laughed off and it's frustrating. 

I have also spoken to other neighbours who feel the same way. I have spoken to the land registry who state that my land is within the boundary shown but the council are unhelpful. I've even said to my neighbour I'm going to mark it up and I get laughed at as they know nothing will be done.
Is there anything I can do?

Section62

Salsa2602 said:

On my title deeds, there is half of the road edged red within my boundary which would mean I have a specific car parking spot outside my home. 

I live on a cul de sac of a single terrace row and have been here for almost 20yrs without any issues but for the last couple of years my neighbours who rent have 3/4 cars and it's leaving all of us without a car parking spot or having to park at the top on double yellows. The road is maintained by the council and of course people have access and almost all of us only have one car. I have spoken to my neighbours about this multiple times as I am on my own with three children and it just seems like courtesy to not let me walk far or even getting the shopping out etc. Often I am up very early carrying my youngest to the car aswell but they continue to spread their cars out and not allowing others to park or to then block someone else's parking. I have spoken to them multiple times but just get laughed off and it's frustrating. 

I have also spoken to other neighbours who feel the same way. I have spoken to the land registry who state that my land is within the boundary shown but the council are unhelpful. I've even said to my neighbour I'm going to mark it up and I get laughed at as they know nothing will be done.
Is there anything I can do?

How long have the houses been there, and how long ago was the road built?

With 'ancient' roads, it is true that the adjoining landowner usually owns the land up to the centre of the road, and your title plan might reflect that.  However, if the road is a highway maintained at public expense then your ownership of the land doesn't really make any difference - you don't have a right different to that of your neighbours, and don't have a personal parking spot on highway land.  It is possible (though rare) that the same applies to a more modern road, although in most cases the highway authority insists on taking ownership of the land when a road is adopted.

Whatever you do, don't start making marks on the road or putting up signs in the highway.  That is illegal and your neighbours could report you to the highway authority - not only would the council do nothing about the neighbours parking in your spot, it would be you on the wrong side of the law and possibly facing a bill for repairs to the road.

About the only thing you can do if parking is really bad is to ask the council to introduce a resident parking zone - but that won't guarantee you a space and unless the council limits the number of permits per household it won't take you much further forward.

ThisIsWeird

Salsa, could you post your deeds map, please, showing the road, your house, and ideally the neighbouring ones too? And also the written reference in your deeds to your ownership and use of this road?

And could you add what the problem is - where this neighbouring house positioned, and where they park their cars?

Have you contacted the owner of this house? Do you - did you - know them? Do any of your other neighbours know them? The owner could easily put pressure on their tenants if they wanted to.

Section62

ThisIsWeird said:

Salsa, could you post your deeds map, please, showing the road, your house, and ideally the neighbouring ones too? And also the written reference in your deeds to your ownership and use of this road?

And could you add what the problem is - where this neighbouring house positioned, and where they park their cars?

Have you contacted the owner of this house? Do you - did you - know them? Do any of your other neighbours know them? The owner could easily put pressure on their tenants if they wanted to.

If the council are maintaining the road then almost certain it is either 'public' highway, or an estate road.  If so, there's unlikely to be anything in the deeds about ownership/maintenance/use, although some RTB's may have reference to a right of access.

Not sure a landlord can reasonably get involved in telling their tenants where they can park on a public road.

TELLIT01

If there is solid evidence that section of road falls within the boundary of the OPs property would they be entitled to put folding bollards just inside the boundary line?  There is the question of why it is being maintained by the council if it is actually private property.  It wouldn't be the first time a council has got things wrong.

Is it possible that a previous owner signed that area over to the council but it doesn't show on the deeds?

Section62

TELLIT01 said:

If there is solid evidence that section of road falls within the boundary of the OPs property would they be entitled to put folding bollards just inside the boundary line?  There is the question of why it is being maintained by the council if it is actually private property.  It wouldn't be the first time a council has got things wrong.

Is it possible that a previous owner signed that area over to the council but it doesn't show on the deeds?

As I mentioned above, the OP could own the land and it could be shown within the deeds red-line boundary, but that doesn't necessarily mean it is a private road rather than being 'public' highway.

There's no need for the land to be sold or given to the council for the road to be a highway maintainable at public expense.

propertyrental

The road is likely (but not certain) to be 'public highway' - maintained, repaired and responsibility of the council, and for use by the 'public' just like any other road. Including parking rights.

Ownership as per the deeds would not over-ride this if it IS public highway.

Re the neighbours' landlord, they cannot really get involved in how their tenants live, or park, other than either

* a quiet friendly word which the Ts might or might not ignore, or

* evicting the T's via a no-fault S21 Notice, which costs the LL time and money, not to mention the cost of re-letting and probable loss of rent between Ts.

LL is unlikely to want to do the latter unless he' very concerned about maintaining relations with neighbours (eg you) and he believes the Ts are seriously jeopardising that.

twopenny

I don't think you want to 'own half the road' as you will then be liable for repairs - if the council re tarmac or something then they can charge you. They won't leave it as it is.

And you still couldn't stop others parking on it.

It would increase your nightmare.

propertyrental

I'm no expert, but I think if it's categorised as public highway then yes, council will maintain.

Happy to be corrected!

A private road would be different and depend on ownership and any stipulations as to access/ROW/maintenance.

Section62

propertyrental said:

I'm no expert, but I think if it's categorised as public highway then yes, council will maintain.

Happy to be corrected!

A private road would be different and depend on ownership and any stipulations as to access/ROW/maintenance.

You are correct, if the road is a highway maintainable at public expense then the council have the obligation to maintain it, regardless of who owns the land it passes over.

molerat

In answer to the OP's question, there is nothing you can do apart from move to somewhere with suitable parking arrangements, the main reason why when house hunting a driveway was 1st tick box, anything without was not even considered.