Body & Soul0 min ago
Nuisence neighbours
We live on a narrow lane and we, like all the houses on the street, have our own driveway. However there are 4 cars that park on the road who's owners live in a completley different area and have no off road parking of their own, so park opposite our's and other Houses. They don't make it impossible but extremly difficult for us and several other homeowners to gain access to our own driveways.
To make it worse they complain if guests of ours park in the same place when they are out, and request that we ask their permission to park opposite our own home, as they have parked there for 20 years, and we only moved in recently.
We were under the impression it was against the law to obstruct any driveway, is this the case and what could our next step be?
To make it worse they complain if guests of ours park in the same place when they are out, and request that we ask their permission to park opposite our own home, as they have parked there for 20 years, and we only moved in recently.
We were under the impression it was against the law to obstruct any driveway, is this the case and what could our next step be?
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Difficult one here because anybody has the right to park on a public highway and there's no legally enshrined right to park outside your own property. The fact that they have been parking where they do for 20 years gives them no more right to park there than your visitors. If you wanted to be really obstructive you and your neighbours could get together and park outside your houses but if it's a narrow lane, your cars probably risk damage, and you've probably all declared to your insurance companies that your cars are parked overnight on private land, thus earning a lower insurance rate. Could you get some large rocks and place them near your driveway exists to ensure that they don't park close enough to them to block your access? You and your neighbours could always contact your local Highways Department collectively and ask for some yellow lines to be painted near your access points. Alternatively contact your local Councillor and see if he/she can help.
Be very careful about complaining about obstruction - it could backfire on you with the council putting double yellow lines in - stopping anyone parking there.
Nobody has more right than anyone else to park on the public highway - if there are no parking restrictions, anyone can park there for as long as they like (assuming the vehicles are street legal).
Never ever ask their permission to park on the public highway. It is not their's to give consent to.
It is against the law to obstruct the public highway -and it is against the law to stop vehicles getting off a driveway, but not on to a driveway.
I suggest you and your immediate neighbours start parking on the road. :)
Nobody has more right than anyone else to park on the public highway - if there are no parking restrictions, anyone can park there for as long as they like (assuming the vehicles are street legal).
Never ever ask their permission to park on the public highway. It is not their's to give consent to.
It is against the law to obstruct the public highway -and it is against the law to stop vehicles getting off a driveway, but not on to a driveway.
I suggest you and your immediate neighbours start parking on the road. :)
Like i said they're not making it impossible, just very difficlut, there isn't any more than the width of a car between their cars and our driveway, we have to do atleast three point turns to get on or off.
Its all very petty really, the last time my grandparents parked in the spot for a morning the worst of the neighbours didn't move his car for a fortnight, out of pure spite, instead using his pick up truck for work and parking that further up the lane.
I'm quite happy for anyone to park there or no-one at all, there are playing fields and a village hall 100 yards further up the lane, with an ample park that they are un-willing or just too bone idle to use!
Its all very petty really, the last time my grandparents parked in the spot for a morning the worst of the neighbours didn't move his car for a fortnight, out of pure spite, instead using his pick up truck for work and parking that further up the lane.
I'm quite happy for anyone to park there or no-one at all, there are playing fields and a village hall 100 yards further up the lane, with an ample park that they are un-willing or just too bone idle to use!
It would be really unfortunate if the badly parked cars were to be damaged overnight while parked on the public highway? A flat tyre is a real nuisance, two at the same time a proper disaster! lol. But that would be criminal damage so you couldn't be involved.
If the 'offending' parkers continue to verbally assault you, on the occasions that the spaces outside your houses are already taken, you are entitled to complain to the Police. Who will visit them & explain to them that they have no more right to park there than anyone else in spite of the fact they have been parking there for 20 years & that further attacks would constitute breech of the peace. I suggest parking your own cars opposite or accross your own gates for the times when you know they will be looking for somewhere to park because if you can make it awkward enough they will go some where else.
If the 'offending' parkers continue to verbally assault you, on the occasions that the spaces outside your houses are already taken, you are entitled to complain to the Police. Who will visit them & explain to them that they have no more right to park there than anyone else in spite of the fact they have been parking there for 20 years & that further attacks would constitute breech of the peace. I suggest parking your own cars opposite or accross your own gates for the times when you know they will be looking for somewhere to park because if you can make it awkward enough they will go some where else.
I would check your title deeds to see if there is any parking spaces attached to the property. If not, anyone is entitled to park where they want. the only defence you might have is if they are blocking your access to access/egress from your property. this may constitute a nuisance and must be ongoing and continuous and you may be able to raise and action for interdict (if in scotland) and an injunction in England to prevent them from parking where they do. If it a public highway, you have few rights. If they have been continuously parking there for 20 years with your consent, you lose the right to apply to the court for an injunction under the Prescriptions and Limitations Act.
However, if you are relatively new owners of the property, there is no defence for them to continue with the nuisance because they have done so previously. If you are new to the area you have the right to interdict/injunction even though they have been doing so previously. there is case precedent in Webster v Lord Advocate which is the leading case on nuisance (but this is scots law) but might still be relevant in england as I think it went all the way to the house of lords. good luck
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