Private Right Of Way - What is reasonable use and tolerance.

MrDidz

I was accosted by my neighbour yesterday over the fact that I had temporarily parked my car on an area of hardstanding that is nominally marked as a right of way on our title deeds and I'm wondering if he is just being deliberately confrontational or whether he has a reasonable piont.

According to our title deeds there is a right of way extending along the driveway leading to the rear of our properties and the hardstanding in front of our garages at the rear of the property.

The property is a block of six maisonettes with the three lower flats owning the land and all of us having a right of way over the drive and hardstanding.

I also rent a parking bay from the owner of the flat beneath me, so that I can parl my car at the rear of my property.

However, from time to time I use my parking bay to erect a temporary free-standing washing line so that I can dry my washing, as obviously I have nowhere to erect a permanent washing line.

However, to do this I need to move my car out of the parking bay I rent to free up the space for the washing line. We are talking about perhaps six hours of drying time once every two weeks.

Usually, I will move my car out and park it on the street. But on a few occassionas when there is no parking space on the street I move it and park it in front of my garage being careful to ensure that my neighbour can still get his car out if he wants to do so. Obviously, if he wanted me to move it for any reason then he only has to ask.

But my neighbour is now complaining that this is an infringement of the Right of Way clause in our conveyance. Even though it doesn't actually block any access, or prevent anyone using the right of way, and it's temporary. e.g. at most six hours every fortnight.

My other neighbours actually park their cars permanently on the right of way, and in the past I've been unable to get in or out of our car park because one of my neighbours is unloading their car down the drive way and blocking it completely. But nobody complains because it's part of living in a caring community that reasonable tolerance is given.

Am I being deliberately provocative by expecting a similar level of tolerance from my neighbour, or is he just being a miserable old git?

. .

HHarry

My thoughts? It’s a ‘right of way’, not a ‘right of park’.

Briefly unloading a car is very different to leaving a car there for 6 hours.

user1977

And I doubt the washing line is a permitted use of the parking bay, if anybody wanted to quibble about that.

elsien

They are probably worried about you setting a precedent and starting to use it for parking more and more given that that seems to be exactly what’s happened with your other neighbours.

Section62

https://forums.moneysavingexpert.com/discussion/6672549/private-right-of-way-what-is-reasonable-use-and-tolerance

I agree with all the previous posters.

Unless there is something in the definition of the right of way which also allows short to medium term parking then you can't park there (likewise the washing line).

That you and other neighbours haven't done anything about other people's parking doesn't prevent the neighbour in question complaining to you.

Sometimes with communal-type living the saying live-and-let-live is a worthy ambition. But when it comes to rights of way and parking then anything which isn't on a formal basis risks exactly the situations you describe, and near inevitable escalation until expensive solicitors get involved.

Exodi

Oh wow, sorry, I'm with your neighbour on this one.

MrDidz

We are talking about perhaps six hours of drying time once every two weeks

MrDidz

Obviously, if he wanted me to move it for any reason then he only has to ask.

I think I'd want to have strong words with you too! I think if someone were moving house or something as a one off I'd probably look the other way - but six hours every two weeks!! And believing it's acceptable that he should need to ask you to move it!

FWIW, I am in the exact same situation as you - I have a driveway that runs down the left of my house to garages and parking at the back used by the neighbours, with a Deed of Grant that provides the same right of way you describe.

In the 7 years I've lived here, I have never parked on the right of way. If there was no parking in my street, I'd find parking in the next street.

MrDidz

My other neighbours actually park their cars permanently on the right of way, and in the past I've been unable to get in or out of our car park because one of my neighbours is unloading their car down the drive way and blocking it completely. But nobody complains because it's part of living in a caring community that reasonable tolerance is given.

Two wrongs don't make a right, and how do you know nobody complains?

It is obvious the only reason you don't take issue with others doing it is because you are effectively doing the same thing. Living in a caring community does not mean residents can block the right of way for others - quite the opposite. There's also a bit of a difference between blocking it while your neighbours are 'unloading their car'.

BikingBud

Common sense and neighbourly behaviour have gone out of the window and cars now rule.

KxMx

I don't think you can reasonably compare parking for 6 hours with parking to load or unload a car.

The reasonable give & take is the loading/unloading.

The parking for 6 hours is IMO unreasonable.

I also live in a place with communal areas.

Section62

https://forums.moneysavingexpert.com/discussion/comment/82035342#Comment_82035342

It's not the cars, it's the owners/drivers.

BikingBud

Neighbours who communicate and adapt can consider anything reasonable and acceptable, or perhaps not. But exploring boundaries of acceptability is part of being a neighbour.

Only those directly involved can consider the imposition and the restriction but we seem to live our lives under the judgment of strangers on the internet.

@Section62 - yup but everything else is subservient to car ownership/use → motornormativity

Section62

https://forums.moneysavingexpert.com/discussion/comment/82035363#Comment_82035363

@Section62 - yup but everything else is subservient to car ownership/use → motornormativity

Rights of way and problems with them being obstructed predate the invention of the motorcar.

"Common sense and neighbourly behaviour have gone out of the window" doesn't follow from "and cars now rule". It is more that cars and parking can be a flashpoint around which the effect of "Common sense and neighbourly behaviour have gone out of the window" can be observed.

Fences/hedges are another example.