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Right to park

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  • sheenas
    sheenas Posts: 161 Forumite
    100 Posts First Anniversary
    The planning regulations would require that each house has at least two parking spaces, one being their drive. The area marked will be shared area and they will have a right of access, but as others have said the deeds will confirm where the other(s) parking location(s) are.
  • Section62
    Section62 Posts: 9,909 Forumite
    1,000 Posts Fourth Anniversary Name Dropper
    sheenas said:
    The planning regulations would require that each house has at least two parking spaces, one being their drive....
    This wouldn't be "planning regulations".

    Depending when the house was built the planning consent may require the provision (ongoing) of a specified number of parking spaces, depending on the local planning authority's policy at that time.

    It could also be one space, or three or more. Or zero.  The area in front of the garage may also be counted as a parking space (or not) depending on the council's policy when consent was granted.
  • Bookworm225
    Bookworm225 Posts: 393 Forumite
    100 Posts Name Dropper
    edited 30 April at 9:48AM
    the deeds have the actual wording which sets out the actual legal position. 

    The maps you show appear to suggest (subject to wording) that access to the three garages is across your land marked in red.
    What does that access consist of? Is it "road" surface that is the full width of all 3 garages?
    Who is responsible for maintaining/repairing that surface?

    If your offensive neighbour parks on the "access" (yellow line) in front of your (blue) garden does that stop the other 2 garages from being accessed, or can each garage drive in a straight line across your land up to their respective garage without crossing over the other people's straight line access?

    Sounds to me there is a bit of land that you own over which others have nothing more than right of access (transit) not use (parking)

    If you really want to go to war over them parking in line of sight from your house then make sure you know exactly who has to pay to maintain that surface and use that to hound them with if it is a shared cost. If it is all your cost only then dig in and go to war.
  • pinkshoes
    pinkshoes Posts: 20,569 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    basically our garden is the blue marked area. The orange line is a road leading up to 3 garages for 3 surrounding houses. I was told each  house has a garage plus one space in front. Neighbours want to park in front of our garden. My solicitor when purchasing said the space in front of my garden (yellow area) can be used for allowing access to the 3 garages and 3 spaces infront
    The area in red is your land, but you have to keep this area clear as the three garage owners have right of ACCESS over it so that they can reach their garage and the parking space in front of the garage.

    In which case, your neighbour is wrong, and although they can cross your land to park in front of their garage, they cannot park on your land.

    We have something similar where I have to keep the back of my driveway clear as neighbours have a right of way across it to reach their own driveway/garage. It's written somewhere in the deeds about vehicular access.

    You need to have a look at the wording on their deeds to see what it actually says, or you could politely ask your neighbour for a copy of their deed where it says this if you trust them not to change it!
    Should've = Should HAVE (not 'of')
    Would've = Would HAVE (not 'of')

    No, I am not perfect, but yes I do judge people on their use of basic English language. If you didn't know the above, then learn it! (If English is your second language, then you are forgiven!)
  • Bigphil1474
    Bigphil1474 Posts: 3,579 Forumite
    Part of the Furniture 1,000 Posts Photogenic Name Dropper
    Sounds like they are parking in front of their garage (where they are allowed to) and/or in the space directly behind the space in front of their garage (which they aren't allowed to). The space directly behind isn't a parking space, but neither are they blocking anyone's access to their spaces or garages. If it's a hill you want to die on, then you are right. 
  • run_rabbit55
    run_rabbit55 Posts: 94 Forumite
    Part of the Furniture 10 Posts Combo Breaker
    Sounds like they are parking in front of their garage (where they are allowed to) and/or in the space directly behind the space in front of their garage (which they aren't allowed to). The space directly behind isn't a parking space, but neither are they blocking anyone's access to their spaces or garages. If it's a hill you want to die on, then you are right. 
    Thing is if we allow them to park there it makes our life difficult getting our of our driveway and makes the middle house have difficulties going through or around the nuisance neighbours 2 parked cars 
  • Bookworm225
    Bookworm225 Posts: 393 Forumite
    100 Posts Name Dropper
    edited 30 April at 12:56PM
    Sounds like they are parking in front of their garage (where they are allowed to) and/or in the space directly behind the space in front of their garage (which they aren't allowed to). The space directly behind isn't a parking space, but neither are they blocking anyone's access to their spaces or garages. If it's a hill you want to die on, then you are right. 
    Thing is if we allow them to park there it makes our life difficult getting our of our driveway and makes the middle house have difficulties going through or around the nuisance neighbours 2 parked cars 
    then as mentioned already get hold of the wording and force the issue
    your solicitor has already suggested you have control so get the wording to evidence it, as the solicitor must have read something 
  • FlorayG
    FlorayG Posts: 2,208 Forumite
    Seventh Anniversary 1,000 Posts Photogenic Name Dropper
    Sounds like they are parking in front of their garage (where they are allowed to) and/or in the space directly behind the space in front of their garage (which they aren't allowed to). The space directly behind isn't a parking space, but neither are they blocking anyone's access to their spaces or garages. If it's a hill you want to die on, then you are right. 
    Thing is if we allow them to park there it makes our life difficult getting our of our driveway and makes the middle house have difficulties going through or around the nuisance neighbours 2 parked cars 
    If they have to go around does that mean they have to drive on your private land outside the access route? If that's the case then clearly the parking person is in the wrong. Fence both sides of the access so nobody can drive off it and let the other two garage owners sort him out
  • Section62
    Section62 Posts: 9,909 Forumite
    1,000 Posts Fourth Anniversary Name Dropper
    FlorayG said:
    Sounds like they are parking in front of their garage (where they are allowed to) and/or in the space directly behind the space in front of their garage (which they aren't allowed to). The space directly behind isn't a parking space, but neither are they blocking anyone's access to their spaces or garages. If it's a hill you want to die on, then you are right. 
    Thing is if we allow them to park there it makes our life difficult getting our of our driveway and makes the middle house have difficulties going through or around the nuisance neighbours 2 parked cars 
    If they have to go around does that mean they have to drive on your private land outside the access route? If that's the case then clearly the parking person is in the wrong. Fence both sides of the access so nobody can drive off it and let the other two garage owners sort him out
    There may be restrictions on putting up fences at the front of the property.

    Also the OP may have some responsibility to proactively keep the access area clear, rather than leaving it up to the neighbours to sort out.  The exact words used in the deeds are important.
  • run_rabbit55
    run_rabbit55 Posts: 94 Forumite
    Part of the Furniture 10 Posts Combo Breaker
    Section62 said:
    FlorayG said:
    Sounds like they are parking in front of their garage (where they are allowed to) and/or in the space directly behind the space in front of their garage (which they aren't allowed to). The space directly behind isn't a parking space, but neither are they blocking anyone's access to their spaces or garages. If it's a hill you want to die on, then you are right. 
    Thing is if we allow them to park there it makes our life difficult getting our of our driveway and makes the middle house have difficulties going through or around the nuisance neighbours 2 parked cars 
    If they have to go around does that mean they have to drive on your private land outside the access route? If that's the case then clearly the parking person is in the wrong. Fence both sides of the access so nobody can drive off it and let the other two garage owners sort him out
    There may be restrictions on putting up fences at the front of the property.

    Also the OP may have some responsibility to proactively keep the access area clear, rather than leaving it up to the neighbours to sort out.  The exact words used in the deeds are important.
    Yes I was told that technically it's my land but unusable as its purely there for neighbours access. The area is off the main road which is clearly laid out as the surface is different and matches up the the outlines on the registery. I was told by the solicitors when the area was built they had to assign this area to one of the properties 
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