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  • FIRST POST
    • SephirothX
    • By SephirothX 23rd Dec 17, 8:18 PM
    • 184Posts
    • 58Thanks
    SephirothX
    Nuisance neighbour causing parking mayhem
    • #1
    • 23rd Dec 17, 8:18 PM
    Nuisance neighbour causing parking mayhem 23rd Dec 17 at 8:18 PM
    I bought a property on a new build estate (5 year old) about 8 months ago and while I knew parking wasn't great I was aware there are plenty space for visitors to park. What I wasn't told about is that there is a problem neighbour across the street who have total disregard for all covenants the street has in regards to parking.

    Below is a doodle:



    I live in property #3, while the problem neighbour lives in #1. To explain some of the colours on the doodle:

    The red are houses, the black is an extended garden from the street around the corner, the grey are parking bays and the yellow is a "shared access" road. This shared access area turns into a normal road on the south side and is a dead end with a fence on its north side.

    I (3) have one parking space, #4 has one, #1 has two and #2 has one. The bay marked with a V is a visitor bay.

    The problem I have with my neighbour is that #1 has three vehicles and park a van permanently on the visitor bay. They also had an untaxed uninsured vehicle parked on the grass next to it since before I moved in until it was taken away a few days ago - which has left the grass dead and chopped up.

    The bigger problem is that neighbour #1 appears to be running his roofing business from the property. Almost every night clients are visiting him and they don't care where they park. Most of the time they park on the shared area in front of my drive - making access in and out of my drive impossible. This has gotten worse over the past few months and I have had several confrontations in the past couple of months due to either not being able to get out of my drive, or on to it. I don't like confrontations - I had one with his mother tonight who blocked my drive.

    It doesn't help that neighbour #4 also have two cars and park their second one where shown on the doodle. I can live with that as it doesn't obstruct me getting in or out, but it certainly means I require a larger turning circle meaning even if that visitor car parked to the left of the shared area rather than the centre it is still problematic. Due to the dead end I have to reverse straight out and turn right rather than do a reverse turn, meaning I require more usage of the shared area than any other house of the four.

    The thing with the yellow shared access area is that no one is allowed to park on it and this is mentioned in the restrictive covenants on the deeds I have from the Land Registry. As for the bays - they are all owned by a leasing firm and all properties pay a small amount (around 100 a year) towards maintenance of the street. We are told which bays are ours permanently (in the deeds) and where the visitor bays and parking areas are. Property #1 seem to think the visitor bay belongs to them, given the conversation I had with them recently during a parking problem.

    So my question is, what should I do about this? I am reluctant to do anything until I determine the best course of action because I know neighbour disputes can affect property values, however I am at the point where I regret purchasing the property and it is spoiling my enjoyment of the property. I see it as harassment. It is making me unhappy and worried that should I need to get out quickly in an emergency I may not be able to. I waited 10 minutes the first time I knocked on their door asking to be allowed out my drive.

    The other problem is that since it is visitors of the neighbour rather than the neighbour themselves they can easily shift blame and say it's not them. The neighbour could easily tell their visiting clients not to park where they do but they don't. I have thought about contacting the leasing firm and putting in a complaint - but again this could be seen as a neighbour dispute.

    Doing nothing isn't an option either, I don't like confrontations and I shouldn't have to ask their permission to leave my own house when my drive is blocked in.

    Ideally I would like the leasing firm to enforce the restriction on parking on the shared area by putting up a no parking sign or even yellow lines on it. They could also improve the situation by converting the two grass areas to extra parking bays.
Page 5
    • PersianCatLady
    • By PersianCatLady 2nd Jan 18, 4:50 PM
    • 456 Posts
    • 412 Thanks
    PersianCatLady
    I was talking about the restrictive covenant side. The covenant is not enforceable but there may be other restrictions due to legislation that could be enforced

    For a drop kerb it is not an offence to block it if no vehicle on the drive (there may be byelaws but they vary depending on the council). However it is a criminal offence under the Protection of Freedom Act to block a vehicle in that is parked on a drive. Whether you can get the police to take action on that is another matter. This assumes the road is considered a public highway. If the road is private then the police don't care, it is considered a civil matter. In which case you may be able to enforce any covenants by going to court.
    Originally posted by unforeseen
    Thanks for your advice it has been very helpful!!
    • SephirothX
    • By SephirothX 7th Jan 18, 12:58 AM
    • 184 Posts
    • 58 Thanks
    SephirothX
    I have decided that I will contact the estate management company and ask them to add road markings/signs to explain that parking on the shared accessway is forbidden and clearly label the visitor bay.

    My drive was blocked by two different cars today in the space of three hours. I have 9 photographs dating back to October showing 9 different cars parking in this area, 7 of which are since December. There have been more cases and more different cars but I didn't photograph everything. Before December I was only taking photos if the cars were blocking me at a time I needed to get in/out. As my living room faces the other side of the house it's not really possible to log time of arrival/departure, but I am considering installing a CCTV device.

    My biggest fear in all this is that I don't want to create a neighbour dispute because I will likely sell this house within the next 5-10 years and I don't want to have issues selling due to having a neighbour dispute on record. So I am going to take the approach of reminding the estate management of the covenants and ask them to improve the parking situation - rather than attribute blame to the neighbour causing the issue. I would send a letter to the neighbour but that constitutes a dispute so it's better to address the parking itself rather than blame.

    I have done further research and found that covenants are very costly to get enforced legally and generally no one cares about them once the estate has been sold off by the builders. I'm pretty sure the builders of my street went out of business shortly after building it so I'm not sure how that works, all I know is that the street is managed by an estate management company now.

    If contacting the estate management doesn't resolve the issue then I have a sign ready to stick up myself which my partner got for me. I will also have to start parking on the shared accessway instead of my drive.

    I must thank everyone who has given me advice in this thread, and I will update with progress.
    • ProDave
    • By ProDave 7th Jan 18, 9:18 AM
    • 899 Posts
    • 1,001 Thanks
    ProDave
    I would make a prominent sign to put at the front of your parking spot "Do Not block access" etc.

    Consider getting some red and white traffic cones and placing them on the shared road in front of your space. It is a dead end there so you won't be blocking the road.

    Get some polite * notices made explaining they have blocked access to your space and put one on the windscreen of every car that obstructs you.

    * make sure they are polite. When I was much younger I did this but my notices contained the F word. I had a visit from the police and was cautioned for "distributing obscene material" after someone complained.
    • SephirothX
    • By SephirothX 7th Jan 18, 11:18 AM
    • 184 Posts
    • 58 Thanks
    SephirothX
    Problem is these cars are one time visitors so putting a notice on the car won't matter as they're unlikely to return. Then again I only have 9 photos, it could be these cars do return but at times of day I'm not noticing.

    I like the cones and sign idea. Problem with cones though is I'd have to move them every time I want to go out in the corner, get out the car and put them back before driving off and then reverse the process on the way in. Effectively blocking my own drive. It's bad enough when the bin men block access with my bin nevermind doing it to myself every day. I'll just try a sign to begin with - if contacting the management company doesn't work.
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