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  • FIRST POST
    • avi2
    • By avi2 6th Dec 18, 5:35 PM
    • 10Posts
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    avi2
    boundaries of pathway to home
    • #1
    • 6th Dec 18, 5:35 PM
    boundaries of pathway to home 6th Dec 18 at 5:35 PM
    I share a partway that leads into my house.
    this partway is owned by my neighbor.
    I do have the right of way so this partway can not be obstructed.
    I have paring for two car, however, my neighbor does not..
    so they part two cars in front of they home, which means they are only giving me enough room to squeeze past my car and theirs and i can hardly open my car door to get out or in my car.

    i am not sure where i stand...? i am assuming there is not much i can do - they are not the approachable type
Page 1
    • AdrianC
    • By AdrianC 6th Dec 18, 5:41 PM
    • 19,802 Posts
    • 18,397 Thanks
    AdrianC
    • #2
    • 6th Dec 18, 5:41 PM
    • #2
    • 6th Dec 18, 5:41 PM
    An illustration would be very helpful.

    They're parking on the public road? Are they obstructing your drop kerb?
    • avi2
    • By avi2 6th Dec 18, 6:19 PM
    • 10 Posts
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    avi2
    • #3
    • 6th Dec 18, 6:19 PM
    • #3
    • 6th Dec 18, 6:19 PM
    hi there is not drop kerb, its two drive ways - with a small walk way between the two houses.
    not sure how how add a picture
    • moneyistooshorttomention
    • By moneyistooshorttomention 6th Dec 18, 6:28 PM
    • 17,429 Posts
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    moneyistooshorttomention
    • #4
    • 6th Dec 18, 6:28 PM
    • #4
    • 6th Dec 18, 6:28 PM
    Was wondering what a parkway was...

    People aren't allowed to park on a Right of Way (even if they own it) except for loading and unloading of vehicles.

    I live in an unadopted road - with a "known owner" and they are some of the culprits that blocked the ROW at intervals. I think that probably the reason they no longer block the ROW for long is that realisation dawned that they would be told to move - or, if that didn't work, they'd just be blocked in by my telling any visitors of mine to just park immediately behind them.

    "Prevention is better than cure" - ie them becoming aware of that fact - turned out to work in my case by and large. In worse case analysis that they had to be told to move then it would be because a delivery vehicle was driving up to my house - and I'd get the driver to tell them, rather than doing so myself (as chances are the driver would be burly/male/local - none of which descriptions fit me).
    If you feel like you don't fit in in this world, it's because you are here to help create a new one.
    • Davesnave
    • By Davesnave 6th Dec 18, 7:04 PM
    • 26,896 Posts
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    Davesnave
    • #5
    • 6th Dec 18, 7:04 PM
    • #5
    • 6th Dec 18, 7:04 PM
    Was wondering what a parkway was....
    Originally posted by moneyistooshorttomention
    So am I, since no one has used the word!

    OP, if you have two parking spaces, how is it that you cannot park one car with enough space around it to get out?

    Or is it that you and these other people have 4 cars between you?
    Gardening is cheaper than psychotherapy.....and you get tomatoes.
    • societys child
    • By societys child 6th Dec 18, 7:13 PM
    • 5,678 Posts
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    societys child
    • #6
    • 6th Dec 18, 7:13 PM
    • #6
    • 6th Dec 18, 7:13 PM
    not sure how how add a picture
    Detailed help
    Save pic/photo to your desktop

    go to :https://postimages.org/
    click 'Choose Images' - pics on your desktop should appear
    click the pic you want - then click 'OPEN'
    A menu appears - First on menu is 'LINK' - click the corresponding icon on right hand side. Should say 'Copied'
    Paste the link into your forum post.

    *As a new user you can't post pics, so delete HTTPS:// from the link.
    That should work . . .

    • G_M
    • By G_M 6th Dec 18, 8:04 PM
    • 46,224 Posts
    • 55,992 Thanks
    G_M
    • #7
    • 6th Dec 18, 8:04 PM
    • #7
    • 6th Dec 18, 8:04 PM
    I'm guessing English is not your 1st language - apologies if I'm wrong. But your post does not explain clearly the situation.


    I share a partway that leads into my house.
    * is this a path (to use on foot)?
    * or a drive?
    * if a drive, is there a dropped curb?

    this partway is owned by my neighbor.
    I do have the right of way so this partway can not be obstructed.
    Please quote in full and exactly, the wording in your Title document or any other Deed which grants you this ROW



    I have paring parking?for two car, however, my neighbor does not..
    so they part two cars in front of they home, which means they are only giving me enough room to squeeze past my car and theirs and i can hardly open my car door to get out or in my car.
    So there are 3 elements?
    1) their drive (single car width)?
    2) a footpath in the middle (owned by them but with a ROW for you)?
    3) your drive (2 car width)?

    Originally posted by avi2
    please confirm or clarify
    • avi2
    • By avi2 6th Dec 18, 9:28 PM
    • 10 Posts
    • 0 Thanks
    avi2
    • #8
    • 6th Dec 18, 9:28 PM
    • #8
    • 6th Dec 18, 9:28 PM
    i.postimg.cc/qqsPcpMp/v.jpg

    this is the picture, as you can see not much room to get pass.
    • Money maker
    • By Money maker 6th Dec 18, 9:34 PM
    • 5,126 Posts
    • 11,652 Thanks
    Money maker
    • #9
    • 6th Dec 18, 9:34 PM
    • #9
    • 6th Dec 18, 9:34 PM
    Your dark coloured car is parked right on the parking lines, restricting your access.
    Please do not quote spam as this enables it to 'live on' once the spam post is removed.

    If you quote me, don't forget the capital 'M'

    Declutterers of the world - unite!
    • avi2
    • By avi2 6th Dec 18, 9:43 PM
    • 10 Posts
    • 0 Thanks
    avi2
    the black car is mine - from the plans, i seem to have 1/4 of the footpath access my access does not stop in line with my house.
    does this make any difference...?

    my neighbor has only one park space in front of the house as they have a garage - the the way the houses were designed.
    however if they park up onto the footpath area they can park two cars side by side...

    any advice on how to approach this would be helpful -
    Last edited by avi2; 06-12-2018 at 9:47 PM.
    • G_M
    • By G_M 6th Dec 18, 10:26 PM
    • 46,224 Posts
    • 55,992 Thanks
    G_M

    any advice on how to approach this would be helpful -
    Originally posted by avi2
    I share a partway that leads into my house.
    * is this a path (to use on foot)?
    * or a drive?
    * if a drive, is there a dropped curb?

    this partway is owned by my neighbor.
    I do have the right of way so this partway can not be obstructed.
    Please quote in full and exactly, the wording in your Title document or any other Deed which grants you this ROW

    I have paring parking?for two car, however, my neighbor does not..
    so they part two cars in front of they home, which means they are only giving me enough room to squeeze past my car and theirs and i can hardly open my car door to get out or in my car.
    So there are 3 elements?
    1) their drive (single car width)?
    2) a footpath in the middle (owned by them but with a ROW for you)?
    3) your drive (2 car width)?
    • Snuggles
    • By Snuggles 6th Dec 18, 10:40 PM
    • 819 Posts
    • 1,216 Thanks
    Snuggles
    That's almost identical to the arrangement at the front of my house. I wouldn't be happy if my neighbour was obstructing the path like that. However, if your street is anything like mine, parking is a nightmare as there are too many 2 car households with parking for only 1 car. So, I would look at the big picture and think about how much it was really inconveniencing me.

    Do you need to use that path to access your house? If you do, I would definitely approach them about it. If not, and it's really just opening your car door that's the issue, couldn't you just reverse park so you're opening the door at the other side to where their car is?
    • avi2
    • By avi2 6th Dec 18, 11:04 PM
    • 10 Posts
    • 0 Thanks
    avi2
    the developers have informed me that the neighbors own the main footpath entrance to the houses, but 'i have right of way' and the footpath can not be obstructed by me or the neighbor, and this is shown on their diagram.

    so its really a fine line.

    i can see it from the neighbors point of the view, the own it that part - so they can park on it...
    but as you can see form photo - they are not giving much access to even walk between the space..

    i.postimg.cc/qqsPcpMp/v.jpg

    i may have to ask the developers to remind my neighbors.
    • Cakeguts
    • By Cakeguts 7th Dec 18, 12:00 AM
    • 5,345 Posts
    • 8,144 Thanks
    Cakeguts
    It looks to me as if this is a development with allocated parking spaces and you neighbour is parking on the path to your house instead of parking on their allocated parking space. You unfortunately have neighbours who only think about themselves and are parking on a path. The fact that they own it doesn't mean that they can park on it if there is a ROW across it. It is possible that they don't realise what you having a ROW over that path means. They may not realise that they can't park there.
    • da_rule
    • By da_rule 7th Dec 18, 12:18 AM
    • 2,874 Posts
    • 2,514 Thanks
    da_rule
    Forget about what the developers have told you, you need to check what your transfer and title register say.

    Does the easement extend out to the road (i.e. under where the red car is parked) or does it end somewhere near where the wall is?

    If it’s the latter then your neighbour isn’t really obstructing your use as (a) they haven’t parked on the easement strip itself and (b) you could access it if your car was parked more to the right.
    • avi2
    • By avi2 7th Dec 18, 1:16 AM
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    avi2
    (b) you could access it if your car was parked more to the right.
    Originally posted by da_rule
    on the other side of me is another neighbor so i cannot really move me car too far to the right.

    spacing would be fine if my neighbor did not a park in the walkway.
    • PasturesNew
    • By PasturesNew 7th Dec 18, 1:27 AM
    • 65,291 Posts
    • 383,196 Thanks
    PasturesNew
    Get prepared and watch their movements... learn their habits and the signs they are coming/going....

    Get ready ....

    When you finally realise they're going to be out all day, or all night (preferably), or some other sign they're going away for a weekend ..... dash out with a brush and paint and paint a hatch along the footpath with a solid white line at the edge of where they should be keeping it clear.

    Trespass, yes.
    Illegal, yes.
    Deny it was you, yes.


    It is possible that they don't realise what you having a ROW over that path means. They may not realise that they can't park there.
    Originally posted by Cakeguts
    Highly probable if they rent; renters are rarely told about these things.

    And, some owners don't even know.

    Some owners couldn't give a monkey's though.

    What the OP could do is get a print out of the deeds and show them. They probably don't know who owns what, or that there are boundaries and rights of way.... many people are simply oblivious and assume if there's space, they can park on it .... because "it's free", "it's a space", "there's room".
    Last edited by PasturesNew; 07-12-2018 at 1:31 AM.
    • da_rule
    • By da_rule 7th Dec 18, 3:07 AM
    • 2,874 Posts
    • 2,514 Thanks
    da_rule
    spacing would be fine if my neighbor did not a park in the walkway.
    Originally posted by avi2
    Are they actually parking on the walkway then? Again, donít rely on what the developer told you, you need to check your title documents.
    • G_M
    • By G_M 7th Dec 18, 4:33 AM
    • 46,224 Posts
    • 55,992 Thanks
    G_M
    Are they actually parking on the walkway then? Again, donít rely on what the developer told you, you need to check your title documents.
    Originally posted by da_rule
    or to put it another way:


    I share a partway that leads into my house.
    * is this a path (to use on foot)?
    * or a drive?
    * if a drive, is there a dropped curb?

    this partway is owned by my neighbor.
    I do have the right of way so this partway can not be obstructed.
    Please quote in full and exactly, the wording in your Title document or any other Deed which grants you this ROW

    I have paring parking?for two car, however, my neighbor does not..
    so they part two cars in front of they home, which means they are only giving me enough room to squeeze past my car and theirs and i can hardly open my car door to get out or in my car.
    So there are 3 elements?
    1) their drive (single car width)?
    2) a footpath in the middle (owned by them but with a ROW for you)?
    3) your drive (2 car width)?
    • Cakeguts
    • By Cakeguts 7th Dec 18, 12:34 PM
    • 5,345 Posts
    • 8,144 Thanks
    Cakeguts
    What it looks like to me on the photo is two different kinds of surface. So the allocated parking spaces are tarmac and the pathway is brick. The red car is parked on the brick surface which I think is the path and not supposed to be parked on at all but just used for access and has a ROW over it belonging to the OP. There appears to be a white line on the right hand side that you can just see next to the black car. What we can't see is if the other allocated parking spaces are marked out like this because if they are residents are supposed to park in them and not across the lines.



    Is the photo taken from your front door OP? If it is I can't see how you can access your house at all if the red car is parked like that? The fact that next door owns the path doesn't mean that they can park on it in a way that stops you from using the path to get to your house.
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