Property access rights

[TraceyP]

I have a terraced house with back to back properties either side. Infront of number 1 and 2 (mine) we have a concrete area with enough room for 1 vehicle which is owned by number 1. I also have a small out house opposite my door but across the other side of this concrete area. Recently the owners of number 1 have started parking 2 cars there one infront of the other in a T shape. The cars are so tightly packed that not only can I not access the outhouse (which houses the bin therefore in constant use) and both myself and the resident of number 3 can't get to our doors without squeezing past the cars. Sometimes even this isn't possible. Do we have the right to demand that one of these cars is moved? PS we have talked to them on several occasions to no avail.

[Twenty20]

Personally, when people park irresponsibly and without any thought for others, I always worry in case their cars become damaged by people having to squeeze past them, or as in this case, that their car might end up with rubbish strewn across it. I do worry about this as I always hate it when their car gets damaged. It might be worth pointing out the danger of this to them to try and prevent this from happening.

[buildersmate]

Is all this happening on privately-owned land? Who owns this land on which you all park and what entitlement (if any) does your land title have in regard to this.
Provided with a bit more info, may be able to comment further.

[TraceyP]

This is on privately owned land. The parked cars are on land owned by No 1 BUT on our title deeds we have right of way to our property and our outhouse. When we bought the house we had to get insurance to protect against someone blocking access to our property. We don't want to park on the land just be able to reach our door and our bin.

[buildersmate]

It sounds like you have a valid legal right to demand that one of the cars is removed since the neighbour and owner of the land is obstructing your access. However as always in these situations upholding your right is not always straightforward. I wonder what they say when you discuss this with them? The cheapest process for resolving this is amicably without others (solicitors). The next step would be to engage a solicitor to check your entitlement and write a letter to them. If this still didn't work you could take them to court and demand demages. But all of this costs money.

I am unclear what the purpose of the indemnity insurance policy was (and is). Usually such policies indemnify against the (unknown) owner of land turning up and claiming you have no right of access - the policy would then provide the costs of negotiating a proper right of access. But here, you know who the troublemaker is! I merely mention this to try and work out whether there is a chance that this policy might finance any legal costs of sorting this bloke out. What do you think the policy is for?

[sarahjess]

check your deeds and plans. it sounds to me like you have an easement of pedestrian access. your neighbours should provide you with an adequate footpath to access the areas you need to get to. the whereabouts of such a footpath should be outlined on the plans of the properties if an eaement exists.

[sumida-river]

you can also request documents that reveal your rights of way/access in order to back up your argument should you confont the nighbours. you should show them the title deeds and they will probably cease to park their cars there once they know it is legally in your favour.

also a good website for requesting all documents to do with rights of access documents, title deeds, boundary disputes etc. is:
http://landsearch.net/index.html