Right to park

FlorayG

run_rabbit55 said:

Section62 said:

FlorayG said:

run_rabbit55 said:

Bigphil1474 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 

Oh that's different - in that case they probably are OK driving all over it - but not parking on it

Bookworm225

run_rabbit55 said:

Section62 said:

FlorayG said:

run_rabbit55 said:

Bigphil1474 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 

so as asked, the entire surface is "road"
not only do you need the deeds to check wording re right of access you also need to check who is responsible for its maintenance.

pinkshoes

Bigphil1474 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. 

Are you crazy?!? Have you not read the parking war threads that appear on here?!?

These set ups are common. Garage owners have right of way OVER the OPs land so they can access and park in front of their garage. The absolutely can NOT park on the OPs land, even if other cars can still squeeze past. It would be crazy to start allowing it.

Our property is similar - my two neighbours can drive over the back of my drive (which I am not allowed to obstruct) to get to their parking spaces and garage. I am responsible for maintaining the area but can split the costs three ways.

The OP just needs to read the neighbours deeds and they will no doubt see that they have a right of access across the land but cannot park on the land.

run_rabbit55

This is what is says on their title register. Can't see anything else. Blanked out is address 

Section62

Bookworm225 said:

run_rabbit55 said:

Section62 said:

FlorayG said:

run_rabbit55 said:

Bigphil1474 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 

so as asked, the entire surface is "road"....

"Road" may confuse things.

The area would probably be classed as "shared drive" or "shared accessway", perhaps more likely "shared forecourt".

The surface, if not gravel or mud, is simply "paved".

our_des

OP you should edit the pictures to remove the names of the streets, its possible to find the house and most recent listing on rightmove. Which, the previous owners/estate agent have written there is a garage and space for 2 cars in front of it. Not that it justifies their actions but they've probably been led to believe from the start they could park there.

Marky4040

It's quite obvious since the land is part of your title, your neighbours only have access over it to get to their garages. There would be no logical reason for anyone else to have any kind of additional rights to your land, so never mind about finding out this and that as others have suggested, it isn't necessary.  

Get your solicitor to send them a letter detailing your boundary and what rights they have over your land and if this isn't respected you will start legal proceeding to remove those access rights. 

run_rabbit55

our_des said:

OP you should edit the pictures to remove the names of the streets, its possible to find the house and most recent listing on rightmove. Which, the previous owners/estate agent have written there is a garage and space for 2 cars in front of it. Not that it justifies their actions but they've probably been led to believe from the start they could park there.

Yeah new we would have problems when we saw it advertised. Thanks 

Section62

Marky4040 said:

It's quite obvious since the land is part of your title, your neighbours only have access over it to get to their garages. There would be no logical reason for anyone else to have any kind of additional rights to your land, so never mind about finding out this and that as others have suggested, it isn't necessary.  
....

On the contrary, 'logic' isn't the sole thing which determines what rights someone has over someone else's land.  There's no legal reason why the neighbour couldn't be granted rights to park on land belonging to the OP.  Not necessarily a common thing, but something the OP needs to check before telling the neighbour what they can and can't do, and definitely before spending money on a solicitor's letter

Marky4040 said:

Get your solicitor to send them a letter detailing your boundary and what rights they have over your land and if this isn't respected you will start legal proceeding to remove those access rights.

No decent solicitor is going to send a letter saying that.  It isn't going to happen, and is just an idle threat which could come back to bite the OP hard if the whole thing does go 'legal'.

loubel

our_des said:

, the previous owners/estate agent have written there is a garage and space for 2 cars in front of it. Not that it justifies their actions but they've probably been led to believe from the start they could park there.

One would presume that their solicitor explained their title and accompanying rights when they bought though.

Nipping this in the bud sooner rather than later would be sensible, before they get used to parking where they shouldn't be.