View Full Version : Neighbour dispute over parking. Please help !


lovabulrogue
13-08-2010, 11:46
Dear All.

I was after some advice on a parking matter, so here goes.

We live on an un-adopted private road. The street is very narrow with parking only available on one side (my side of the street) A few neighbors insist on parking directly in front of my house, which is very discourteous and causes issues.. They also invariably park across our access gate, so we have to squeeze past with shopping etc. Polite requests to stop has resulted in one neighbour becoming very defensive stating he has a right to park wherever he chooses (apparently he has had many a dispute in the street with other residents, so he has form for parking without concern for others) As the street is un-adopted by the local authority we checked our deeds and our boundary extends from the front of our house into the middle of the road. Therefore I assume when a vehicle is parked on said part of the road it is in fact our property they are parked on, and trespassing. Can anyone confirm if this is correct or not? if so what actions would you recommend (we thought about those lockable parking bollards) Or a strong letter from a solicitor perhaps. (I am awaiting a response from a solicitor) Thanks in advance

Berberis
13-08-2010, 12:06
If he is parking on your land you have a case. You could buy a clamp and clamp him. If he gets shirty, immediately call the police. You may need to put up a small sign to cover your back legally. Charge him a 10 unclamping fee or more if you like.

You may also need to forewarn him of your intentions. A nice A4 notice printed on normal paper but glued to his windscreen with flour and water glue (causes no damage) would also annoy the hell out of him.

Hetty
13-08-2010, 12:14
it never ceases to amaze me that people can be so inconsiderate to others. You have my sympathy. Not sure how you would be fixed legally to clamp him, tho' I love the idea!. I am incandesant with rage when I see able bodied people using car park places intended for disabled. so I can imagine how you feel. Good luck!!!

Berberis
13-08-2010, 12:19
You could just find a friendly tow truck and get them to remove the car for you. Its on your property and more importantly its blocking access, which gives you even more of a reason to be less then pleasant to this guy.

He can take you to court if he wants, but no judge will do anything if you stick to the law and do not cause any damage to the vehicle.

daftlad
13-08-2010, 12:31
Dear All.

I was after some advice on a parking matter, so here goes.

We live on an un-adopted private road. The street is very narrow with parking only available on one side (my side of the street) A few neighbors insist on parking directly in front of my house, which is very discourteous and causes issues.. They also invariably park across our access gate, so we have to squeeze past with shopping etc. Polite requests to stop has resulted in one neighbour becoming very defensive stating he has a right to park wherever he chooses (apparently he has had many a dispute in the street with other residents, so he has form for parking without concern for others) As the street is un-adopted by the local authority we checked our deeds and our boundary extends from the front of our house into the middle of the road. Therefore I assume when a vehicle is parked on said part of the road it is in fact our property they are parked on, and trespassing. Can anyone confirm if this is correct or not? if so what actions would you recommend (we thought about those lockable parking bollards) Or a strong letter from a solicitor perhaps. (I am awaiting a response from a solicitor) Thanks in advance

is it an access gate or a driveway, because if its a driveway you can ask the council if you can put up a sign saying do not obstruct the driveway

nickycheese
13-08-2010, 12:34
Before you prove that each of you and your neighbours own their own bit of the road, and therefore only the owner can park there - you might want to consider if you'd be happy with you and visiting friends and relatives not being able to park anywhere else but in front of your house. If you're happy with that, then go ahead... :-)

Panthera
13-08-2010, 12:41
employ a wheel clamping service and clamp him everytime he parks on your property without permission

lovabulrogue
13-08-2010, 13:12
Thanks to all of those who have so far posted serious comments. :hihi:

Total Chaos
13-08-2010, 13:19
Dear All.

I was after some advice on a parking matter, so here goes.

We live on an un-adopted private road. The street is very narrow with parking only available on one side (my side of the street) A few neighbors insist on parking directly in front of my house, which is very discourteous and causes issues.. They also invariably park across our access gate, so we have to squeeze past with shopping etc. Polite requests to stop has resulted in one neighbour becoming very defensive stating he has a right to park wherever he chooses (apparently he has had many a dispute in the street with other residents, so he has form for parking without concern for others) As the street is un-adopted by the local authority we checked our deeds and our boundary extends from the front of our house into the middle of the road. Therefore I assume when a vehicle is parked on said part of the road it is in fact our property they are parked on, and trespassing. Can anyone confirm if this is correct or not? if so what actions would you recommend (we thought about those lockable parking bollards) Or a strong letter from a solicitor perhaps. (I am awaiting a response from a solicitor) Thanks in advance


Mmmm but do the deeds just say that, so that when your road needs re-surfacing, then that area covered in your deeds, just means that is the area you have to pay for?

Can you not just go and park outside his drive?

mike84
13-08-2010, 13:20
Seek legal advice, most solicitors offer an initial meeting free of charge for 30mins or so. If the land is yours then fence it off and have a driveway/ private parking space.

Total Chaos
13-08-2010, 13:21
is it an access gate or a driveway, because if its a driveway you can ask the council if you can put up a sign saying do not obstruct the driveway

Its un-adopted,the OP would have to pay for the sign himself,i pressume.

lovabulrogue
13-08-2010, 13:32
is it an access gate or a driveway, because if its a driveway you can ask the council if you can put up a sign saying do not obstruct the driveway

It is access to both the front gate to our front path/frontdoor and sometimes the side entrance which leads down the side of the house, and into our back garden.

rothschild
13-08-2010, 13:38
Dear All.

I was after some advice on a parking matter, so here goes.

We live on an un-adopted private road. The street is very narrow with parking only available on one side (my side of the street) A few neighbors insist on parking directly in front of my house, which is very discourteous and causes issues.. They also invariably park across our access gate, so we have to squeeze past with shopping etc. Polite requests to stop has resulted in one neighbour becoming very defensive stating he has a right to park wherever he chooses (apparently he has had many a dispute in the street with other residents, so he has form for parking without concern for others) As the street is un-adopted by the local authority we checked our deeds and our boundary extends from the front of our house into the middle of the road. Therefore I assume when a vehicle is parked on said part of the road it is in fact our property they are parked on, and trespassing. Can anyone confirm if this is correct or not? if so what actions would you recommend (we thought about those lockable parking bollards) Or a strong letter from a solicitor perhaps. (I am awaiting a response from a solicitor) Thanks in advance

I would check this out thoroughly before you do anything. As far as I'm aware an un-adopted road doesn't mean that it's a private road. It simply means that the residents are liable for the up-keep of the road. Neither does it mean that you own the road in front of your house. I believe that you will find that the part in front of your house is highlighted on your deeds in order to show which bit you are responsible for.
As far as I'm aware an un-adopted road carries all the same rules etc as any other highway.
Perhaps if you give the highways department a ring they might be able to clarify things a bit more.

builderpls!
13-08-2010, 13:48
I would not suggest doing anything relating to the vehicle as you could land yourself in trouble... you may want to look at the law around easements.. there are lots of cases on parking rights etc

even if the land is yours, if it has been used for parking for a considerable time, there may be little you can do...

also, trespass is not a criminal offence...it is going to cost a sizeable amount to drag this through the civil court (if indeed it is going to be worth it)

sorting things out amicably is the best solution... and its free!

Numpty123
13-08-2010, 14:01
Before you prove that each of you and your neighbours own their own bit of the road, and therefore only the owner can park there - you might want to consider if you'd be happy with you and visiting friends and relatives not being able to park anywhere else but in front of your house. If you're happy with that, then go ahead... :-)

Totally agree. I find this thing about 'only I can park outside my house' really odd and I've only ever encountered it in Sheffield. Anywhere else I've lived people just park where they can.

Alcoblog
13-08-2010, 14:28
Out of courtesy I would never park outside a neighbours house (unless just unloading shopping etc) and would expect the same in return.
At my previous house (terrace) I had a large motorbike which was kept in a garage I'd built in my back garden. The only way to get it out onto the road was down the adjoining passageway and the neighbour who shared this access was absolutely fine about it.
Unfortunately The neighbour on the other side was a complete toe rag, disliked by everybody. He seemed to have a problem with me and my Harley and on many occasions on sunny weekends (when he knew I would like to take it out) he deliberately parked right across the passageway. He was seen by myself and neighbours getting up early in the morning and moving his car from his house to block my access. One hot and sunny weekend he left it there for two days! On some occasions he'd wait for me to take the bike out then block the entrance making it impossible for me to garage the bike when I got back.
The only time I questioned him he came to his door with a baseball bat and just laughed at me! The police weren't interested as they said it was a domestic issue! :(

lovabulrogue
13-08-2010, 14:51
Mmmm but do the deeds just say that, so that when your road needs re-surfacing, then that area covered in your deeds, just means that is the area you have to pay for?

Can you not just go and park outside his drive?

It was re-surfaced 2 years ago, and all the neighbours (except one or two of the unemployed or elderly) chipped in equally. And no I cannot park across his house, the street is to narrow and parking is only on one side. And I would be blocking other peoples access to get up and down the street.

Obelix
13-08-2010, 15:04
You could just find a friendly tow truck and get them to remove the car for you. Its on your property and more importantly its blocking access, which gives you even more of a reason to be less then pleasant to this guy.

He can take you to court if he wants, but no judge will do anything if you stick to the law and do not cause any damage to the vehicle.

There is an offence of unlawful intereference with a vehicle which will catch you out. Even if it is private land, it could still be considered to be the highway.

After all - if it is private land and you enforce this what's to stop him doing the same and refusing you right of passage over his patch?

If he's parking in such a way that you cannot get vehicles into and out of your land then he is obstructing the highway - invovle the police if talking politely won't sort it. They take notice, if only because it means that things like fire engines cannot gain access.

doylie
13-08-2010, 15:41
I would get advice from the police. I think its natural for residents to park wherever they can on a road and not be restricted. Dont be offended just park some where else and its less stressful. Take care :)

lovabulrogue
13-08-2010, 15:51
I would get advice from the police. I think its natural for residents to park wherever they can on a road and not be restricted. Dont be offended just park some where else and its less stressful. Take care :)

Eh ? If your neighbour parked in your Garden would you accept it ?

John Owen
13-08-2010, 17:14
A similiar issue has been troubling us in recent weeks more to do with a land/boundary issue though, via searching on the internet one option to try and understand the deeds fully and get clarification one route might be through the royal institution of chartered surveyors - they can offer a 30 minute consultation to try help with land and boundary issues. We haven't gone down that road yet as things seem to have settled down so I can't say what the service is like. Once you know for sure about the land and it being your property or not then you can go from there, if you get this cleared up it might give you more weight behind making a complaint.

alicia89
13-08-2010, 17:21
put some cones outside

brus
13-08-2010, 18:09
I would check this out thoroughly before you do anything. As far as I'm aware an un-adopted road doesn't mean that it's a private road. It simply means that the residents are liable for the up-keep of the road. Neither does it mean that you own the road in front of your house. I believe that you will find that the part in front of your house is highlighted on your deeds in order to show which bit you are responsible for.
As far as I'm aware an un-adopted road carries all the same rules etc as any other highway.
Perhaps if you give the highways department a ring they might be able to clarify things a bit more.
Extract from Google
Unadopted/private road . a road or driveway on privately-owned property, limited to the use of the owner or a group of owners who share the use and maintain the road without help from a government agency. A private road has not been given to a government entity (like a county or city) and accepted by that entity for public use. Some private roads are used by the public, but should be closed off at least once a year to prove that an easement of use is not allowed and to prevent a prescriptive easement (taken by continued use) from arising.
This also means that police or traffic wardens can legally issue any tickets on any vehicle parked on this road.

Franker
16-08-2010, 13:20
I strongly suggest scattering nails and broken glass on the street outside your house... But seriously, don't do that...

I think some kind of wheel clamping (http://www.national-clamps.com/) company or just a sign threatening to clamp them if they park there would be a good idea. But yeah like other people have said you'd have to check this is all legal and things....

I don't think the nails and broken glass idea would be very legal though... So don't do that...

auto98uk
16-08-2010, 13:52
There is an offence of unlawful intereference with a vehicle which will catch you out. Even if it is private land, it could still be considered to be the highway.

After all - if it is private land and you enforce this what's to stop him doing the same and refusing you right of passage over his patch?

If he's parking in such a way that you cannot get vehicles into and out of your land then he is obstructing the highway - invovle the police if talking politely won't sort it. They take notice, if only because it means that things like fire engines cannot gain access.

Thing is, if your property extends to the centre of the road, it is likely his does also, and that being the case you could not prevent him from parking there, and if i have understood your description correctly that would block off all access to the road, so it might not be a good idea to go down the trespass route.

edit: this is on the assumption that it is a private road

Mandem
16-08-2010, 16:35
So if this chap parks outside your property, surely you must have to park outside someone elses' property, and also when you have visitors, where do they park? I presume they like to park as near to your home as possible.

Ms Macbeth
16-08-2010, 16:48
I'm sort of with ^^^ Mandem.

I thought parking outside someone's house would only be a problem if it blocked vehicle access and the OP hasn't mentioned that. Most streets in Sheffield have parking issues, people with numerous cars living in terraced houses where the frontage isn't much longer than one car! Whilst I understand that inconsiderate people are a real pain, where should those on the non-parking side of the street put their cars?

mc55
16-08-2010, 17:23
I'm sort of with ^^^ Mandem.

I thought parking outside someone's house would only be a problem if it blocked vehicle access and the OP hasn't mentioned that. Most streets in Sheffield have parking issues, people with numerous cars living in terraced houses where the frontage isn't much longer than one car! Whilst I understand that inconsiderate people are a real pain, where should those on the non-parking side of the street put their cars?


mmmm ... that's just what I was thinking !

lovabulrogue
16-08-2010, 17:41
I'm sort of with ^^^ Mandem.

I thought parking outside someone's house would only be a problem if it blocked vehicle access and the OP hasn't mentioned that. Most streets in Sheffield have parking issues, people with numerous cars living in terraced houses where the frontage isn't much longer than one car! Whilst I understand that inconsiderate people are a real pain, where should those on the non-parking side of the street put their cars?

They are 3 car family. One is on their drive, another usually outside my house, and the 3rd one outside someones else's house in the street, or if it's full, they park it around the corner. My deeds show that outside my house halfway into the street is included in my boundary. I am in talks with solicitors to confirm this is my land and no-one else can leave a stationary vehicle/skip/2 tonne of sand there for example. I am also talking to the council and dvla to see if I can put a car there (a sorned one) if it's classed as private property.
A solicitor online has advised if the deeds confirm it's my land and no other neighbour can use it (as part of the deeds) then i have the right to get them to shift it, failure to adhere can result in an injunction.

Complex !

HeadingNorth
16-08-2010, 17:50
A solicitor online has advised if the deeds confirm it's my land and no other neighbour can use it (as part of the deeds) then i have the right to get them to shift it, failure to adhere can result in an injunction.


But in that case, the annoying neighbour will also have the right to build a wall across the part of the road that belongs to him, and screw over the whole lot of you. Is this really a good path to be going down?

garrence
16-08-2010, 17:58
But in that case, the annoying neighbour will also have the right to build a wall across the part of the road that belongs to him

Not if there is a right of access across the land.

Ghozer
16-08-2010, 18:33
do you not have a disabled relative who visits regular? get a "disabled" space marked on the road outside your house (Costs 80 to register and get painted) and register their car for the space... then the space is in yours/their name and anyone you/they allow to park there can... :)

Ms Macbeth
16-08-2010, 22:29
They are 3 car family. One is on their drive, another usually outside my house, and the 3rd one outside someones else's house in the street, or if it's full, they park it around the corner. My deeds show that outside my house halfway into the street is included in my boundary. I am in talks with solicitors to confirm this is my land and no-one else can leave a stationary vehicle/skip/2 tonne of sand there for example. I am also talking to the council and dvla to see if I can put a car there (a sorned one) if it's classed as private property.
A solicitor online has advised if the deeds confirm it's my land and no other neighbour can use it (as part of the deeds) then i have the right to get them to shift it, failure to adhere can result in an injunction.

Complex !

Doesn't everyone on the parking side of the street have the same rights in front of their homes? It'll make it a bit difficult for those on the other side to park anywhere if you all take the same hard line. How have folk managed in the past?