MegaSack DRAW - This year's winner is user - rgwb
We will be in touch
We moved into a new house a few months back and since then our neighbour keeps making comments about the drive way and it's starting to get on my nerves so want to know where I stand before it gets to an argument.
Housr sits in a corner and part of the drive way nearest to the house is on our land but then the driveway extends over the neighbours land and onto the road. It's in the deeds that we have right of access over the land and share maintenance? if needed but he keeps going on about us parking on the driveway on his land.
The driveway? does not surve his property our cause an eyesore when parked on (ie. not outside his Window)
Can I park on the driveway which we have access granted on his land?
If it's for access then no.
Access means to get from the public highway to your property, not to use as your property.
12 pages.
You can park on your land. You can't park on his land, it's his. Is that what you're asking?
Sounds like you can use it for access only, not for parking on? So I wouldn't have thought you would be doing the right thing by parking on your neighbours drive.
If it's for access then no.
Access means to get from the public highway to your property, not to use as your property.
Exactly.
Your right is for access - not parking. Sorry.
[quote=leonthepro said]It's in the deeds that we have right of access over the land and share maintenance? if needed but he keeps going on about us parking on the driveway on his land.
Sounds like he has a point.
Can't you just park on their lawn instead?
No you cannot park on his land, you only have a right of access over it.
I lived in a house that had a lane serving 11 other houses (jointly owned by each homeowner). I had a right of access to use the lane but only owned the land outside my house. I would have been (and occasionally was) very annoyed when people parked there or, indeed, blocked access down the lane.
Compare and contrast:
"Some guy moved in next door a couple of months ago and keeps parking his car on my drive. I've mentioned it a few times but the entitled git keeps doing it and now it's starting to look like he's going to get shirty about it. What should I do?"
(-:
As above.
I'm in the position of your neighbour... my neighbour has access over my land to his drive. I would not be impressed if he started parking on my land without at least asking me.
Apart from the fact it isn't his land, I'd be worried about him setting some sort of a precedent by doing so, so would be keen to make sure that a new neighbour didn't just fall into it without some sort of a discussion.
As has been said, you don't have a right to park on his land and there may also be restrictions on where you can park on yours, i.e. if anyone else have an access right over your land.
Ownership of land doesn't necessarily mean that you can do what you want.
I have a similar issue with a shared access road to my house.
I once moved to a brand new housing development, most people seemed okay, but there was definitely a feeling of entitlement there. Could possibly only have been that estate, but I'm in no rush to continue the experiment.
YMMV.
Also, IME parking is a lot worse on new estates, as they're generally full of folks that then need 3 or 4 cars to get them and their offspring to work, as the estates are on the fringes of town (and they're lazy bastards) but there's not enough space on the drive, and no or minimal pavements. Odd shaped streets as well, so parking is at a premium.
Ouch Leonpro is now running away miffed he didn't get the answer he wanted 😉
It would appear unanimous.
Probs best hide this thread from your neighbour.
To try and add a slightly positive side to this thread... would it be worth approaching said neighbour and seeing if they would sell the corner of their land that your driveway crosses?
Would also avoid them for being responsible for half the upkeep, so may be something in it for them too?
What is your neighbour actually saying? Is he saying you are not allowed to park where you are currently parking? Is there enough room for you to park your car on your bit of land? by parking on his land are you blocking any access he has?
Sounds like your neighbour has been spectacularly patient with someone who believes he is entitled to something he is not :roll:. Promises to be a great neighbour to be fair, lucky you. Well done for being wrong and getting annoyed about it though. Good life lesson there.
OP,
Money talks.
You can always offer him monthly payment for parking rent.
😛
You are my neighbours daughter ?
My neighbour has access across my land to her drive.
My drive is parallel to this land.
I was told by her daughter I was not able to park my van on my drive as it prevented her reversing her car into the drive.......my van being fully on my land/driveway infront of my garage with room to drive another van along side If needed.
Her mother did at least apologise. But I'd be miffed if she started parking along side my van. By all rights if they start that then I'd be in my rights to park on my land as well.( Deeds say nothing about vehicle access just access)
( Deeds say nothing about vehicle access just access)
But would it (if it came to a legal case) be considered that access over a drive could reasonably be argued that means vehicular access as a drive is for vehicles.
Perhaps the OP hasn't explained it properly as I can't see how he can think it's reasonable to park on a neighbours drive.
Also, IME parking is a lot worse on new estates, as they're generally full of folks that then need 3 or 4 cars to get them and their offspring to work, as the estates are on the fringes of town (and they're lazy bastards) but there's not enough space on the drive, and no or minimal pavements. Odd shaped streets as well, so parking is at a premium.
You're familiar with my street, only add in a school rat run and stressed parents.
And by that it also considers that I would have access to my drive without their car being parked on it.
Just pointing out it works both ways when people play that game.
Oh and it's not access over a drive in my case. It's drive over my grass to a drive that's adjacent to my garage. The car shaped space is on her deeds and she puts a car on it but to get to it is by no means a drive. I don't grudge them at all but being told I cant park my van on my drive did grind my gears that day 🙂
OP doesn't say he's parking on the neighbours drive, just that his (OP's) drive crosses the neighbours land.
the ops done one.
What he perceives as his drive.
It's not his drive it's access to his drive.
ads678 - I think he *DOES say he parks on the neighbour's drive though....
Can I park on the driveway which we have access granted [b]on his land?[/b]
the ops done one.
...probably out moving his cars! 😀
Deeds say nothing about vehicle access just access)But would it (if it came to a legal case) be considered that access over a drive could reasonably be argued that means vehicular access as a drive is for vehicles.
One ting I've always wondered, and I'm hoping one of the knowledgeable STWers knows the answer...when you have a 'right of access' does it mean [i]autonomous [/i]access at any time?
ie: If there is a gate, but it's not locked then you still have access, even if you have to get out and open the gate first. But as soon as it's locked you've been denied access.
So extend that to a parked car, if the owner of said car is within earshot and you say 'please move your car' and they do so, you've not been [i]denied [/i]access, but how does that fit with your right of access?
How about if the owner of said car is in the house nearby and you have to knock on the the door?
I'm just trying to understand to what level 'right of access' actually applies.
OP doesn't say he's parking on the neighbours drive, just that his (OP's) drive crosses the neighbours land.
The bit below suggests the op does park on that bit of drive
The driveway? does not surve his property our cause an eyesore when parked on (ie. not outside his Window)
we need pictures so we can assess the situation ourselves and [s]take the piss out of[/s] critique your gardening skills.
Access is the right to cross land, not to linger. On a public footpath you only have the right to walk along it. You don't even have the right to stop and gawp/take a photo/have a picnic.
It is a bit weird in the OP that the OP's drive crosses his neighbours land rather than that piece of land being assigned to the OP's house. Maybe it is "no good without pictures".
It is a bit weird in the OP that the OP's drive crosses his neighbours land rather than that piece of land being assigned to the OP's house. Maybe it is "no good without pictures".
Think it's fairly common on new estates where they put a couple of houses in the corners.
Think it's fairly common on new estates where they put a couple of houses in the corners.
Yeah, some neighbours of ours get this - they have a bit of grass, then their drive and then their neighbours drive which kinda joins up. There is enough space for each house to get off their own drive without needing to use the others, but some new people moved in and they have multiple cars so they ended up driving over both drives and even onto the grass at the far side (ie, going right across their neighbours' drive and churning up their grass). So now there are several big stones left out on the grass and people parking up in ways to stop the neighbours going on their drive. I can see why the whole thing could be annoying and quickly escalate.
ie: If there is a gate, but it's not locked then you still have access, even if you have to get out and open the gate first. But as soon as it's locked you've been denied access.
From the wording on my deeds a gate would probably not be allowed and locked would certainly not be allowed. Parking of a car is specifically prohibited on my deeds.
Oh and something my neighbours have learned the hard way is that if you build a glass fronted extension right at the end of an access route the you shouldn't be surprised if you get a lot of car headlights shining directly into your house. You also shouldn't be surprised if your "privacy is impacted" by such a build. But I digress.
The bit below suggests the op does park on that bit of driveThe driveway? does not surve his property our cause an eyesore when parked on (ie. not outside his Window)
TBH, if you've worked out what that suggests then you've done better than I did. I've read it about six times and still can't parse it fully.
The driveway does not serve his property or cause an eyesore.
Not that it matters – if it is his land he is perfectly entitled to tell people not to park on it irrespective of whether or not they have a right of access *over* it.
Serve! Good heavens, how did I not see that. Ta.
Can I park on the driveway which we have access granted on his land?
No
we looked at a house, two houses shared a single width driveway to a wide parking area out the back (individually owned). On the day of the visit the neighbour had his car up on jacks in the driveway wheels off brakes in bits. The prospective seller remarked, oh he often does that. We didn't offer on that one..
part of the drive way nearest to the house is on our land
It's hard to visualise, but as I see it OP has a parking space in his land that can only be accessed via a shared drive?
As long as he (I assume it's a he) parks on the bit he owns then it's okay in my book.
But really, this is a chat at the doorstep or cup of tea with the neighbour now, come to a mutual agreement and live your life, or spend the next 5 years in growing resentment and massive over reaction to the smallest of acts by the other party until you're both bleating about it on "my nightmare neighbour".
I saw my grand parents and parents do the same thing – always bitching an moaning about “them” next door about who parks 5mm over the border (on the public highway) who has a BBQ just because the washing has been put out or who ‘came in at all hours’ I’m not even sure their neighbours even knew they were in a feud.
Conversation, the great resolver of problems.
I have access to my gardens via my neighbour's property.
They've got quite a nice pool. Can I use it?
the ops done one
Not necesarily, for some bizarre reason I can no longer read the thread that I started recently about finding a £20 note..............
This one? http://singletrackworld.com/forum/topic/aibu-to-want-20-that-son-found-and-handed-in
I wonder if this is one of those analogy questions and we have to wait for the reveal. I wonder who is Israel
This one? http://singletrackworld.com/forum/topic/aibu-to-want-20-that-son-found-and-handed-in
That's the one. It might be that somebody has posted something slightly rude and my firewall is stopping me seeing it...............
The Israeli allottment was one of the best threads ever 8)
I once moved to a brand new housing development, most people seemed okay, but there was definitely a feeling of entitlement there. Could possibly only have been that estate, but I'm in no rush to continue the experiment.
YMMV.
Also, IME parking is a lot worse on new estates, as they're generally full of folks that then need 3 or 4 cars to get them and their offspring to work, as the estates are on the fringes of town (and they're lazy bastards) but there's not enough space on the drive, and no or minimal pavements. Odd shaped streets as well, so parking is at a premium.
Oh, spot on.
We're on a new estate. I think it's in the building regs that they can only put in a certain number of parking spaces. Most of the neighbours are great but we do have our share of Parking Bellends, who think that the bit of road outside their house belongs to them.
And yep - it's a complete driving culture. Everyone here has an Audi or one of those baby Range Rovers on tick. I've never seen anybody cycling. There's a Co-Op half a mile away, and people drive to it, and queue to park.
It's not just new estates.
My mate lives on a street where there are a mix of terraced houses and semi's. His house is one of the last to be built on the street and is the only one with a drive.
He is self employed and has a works van. If he parks on the street instead of his drive, someone will ring his mobile on private number and call him selfish for taking spaces up 😯
This happened a couple of weekends ago when he was working locally and nipped home for a pee when he was passing on the way to a suppliers 🙄
I used to have a neighbour who would park in such a way to make it impossible to get out my drive. Not intentional I'm sure as he is a nice guy but my vehicles are a bit unwieldy.
It's stopped since the farmer removed his door with a trailer going up to the quarry.
Damn,that escalated quickly.
Thanks for all the replies and have to say I agree with and expected most of the answers but just wanted affirm what I thought.
... goes outside to move cars
... I'd also pop round to apologise and drop off a bottle of wine/beer for the inconvenience.
Legally everybody is right - you only have a right of access over that bit of land, not a right to park there. However if as implied that bit of land you use to access your property has no utility to him (he's presumably required to keep it clear to provide you with access) and you parking there doesn't affect his utility then he may be being a bit of an arse. Unfortunately he's still a bit of an arse who's legally in the right.
I have a vaguely similar situation here, but I own the land which is used by my neighbours to access their property. In my case though it's a paved area rather than a driveway and provides vague general access to both my neighbours and my house - you can park several cars on it without preventing access to the other properties. Strictly speaking if I was an arse I could tell my neighbours not to park on it as they only have a right of access, but I'm not an arse and I value relations with my neighbours way above any perceived loss (it does mean the space isn't available for my kids to play in, but they have other places to play) - in any case sometimes I park on it (which I'm not strictly legally allowed to do either). We do also get along remarkably well with the other nearby neighbours when anybody has lots of people visiting - but then none of us are arses (at least not those I interact with).
Damn,that escalated quickly.Thanks for all the replies and have to say I agree with and expected most of the answers but just wanted affirm what I thought.
... goes outside to move cars
Good man. Neighbour will think better of you if you apologize for your (honest) mistake.
Playing devil's advocate, I can see how enforcing this sort of thing might be a good idea, if the neighbour's thinking of moving, or thinking of some kind of extension or sale of a strip of land (to the OP, even?), or he can envisage someone else having those plans if they move in, having a neighbour who has "always parked there" and implying granted use might make things trickier than they need to be.
Out of interest how would you enforce it? Police wouldn't be interested. Is it some form of trespass? There's no damage done and the car is allowed to be there albeit for an undisclosed length of time for access.
*If* a neighbour was being a bit of an arse and things need to be enforced, a delivery from the local builders yard would get the message accross.
"just put the big bags of sand either end of that car, mate".
😉
But then arsey neighbour would be breaking the law
Aye well if it continues after politely asking them to refrain. Much is game such as my requirement to cut the grass any time the car is parked there .....
My neighbour parks his car outside my garage (which isn't attached to my house). He has done so since I moved here 9 years ago.
It's not an issue as parking is good where I live and I prefer my cars on the road rather than down the alley behind the houses.
I see the positive side of this in that a car parked in front of the garage keeps it more secure. If my situation changed, my neighbour would be happy just to park elsewhere.
*If* a neighbour was being a bit of an arse and things need to be enforced, a delivery from the local builders yard would get the message accross."just put the big bags of sand either end of that car, mate".
Something similar happened down our way with commuters repeatedly leaving their cars parked on part of someone's driveway. Polite notes were ignored.
Slightly harder to ignore the building materials that were left within an inch of front and rear bumpers. Cue a sheepish knock on the door, apology and a bottle of wine 🙂
Parking is a complete nightmare - best thing we ever did was to find a house with our own offstreet parking. Previous houses have all had common parking, mess of access rights and so on. We sold our last house and the eejits that bought it (end of terrace of old farmer works cottages in the middle of nowhere) proceeded to wind up the their neighbours by adding gates, parking cars across access and kicking off when people exercised their right to walk across their garden. I ended up having to make despositions at solicitors about historic use.
We have a lay-by opposite our house. All three of the neighbours have their own driveway but one couple will still do comedy 'tactical parking' to ensure than no-one else can get more than one car in it.
Life's too short.
Post the deed plan showing your rights with the details of where redacted.
The OP's post sounded to me like they have space on their land for their car. In this case as long as their car is on their land and the deeds do not prohibit the parking of cars why could he not part there. Obviously parking on the part of the drive that is on the neighbours land is totally not on.
An interesting side point here would be if the house was sold with off road parking. If it was and the area on the OP's land at the end of the drive is the only off road area (i.e. they do not have another drive or garage served by the drive on question) then they could have a case for miss selling (assuming parking on the small bit the OP does own is actually verboten).
But then arsey neighbour would be breaking the law
Erm, which law?