What rights does a Private Road owner have?

We live in a cul de sac at the end of an adopted road. Access to the 8 houses is via a private road which is owned by the last house.

Our deeds contain an easement which allows access to our property and also states that access to other properties must not be obstructed. It also states that all properties which use the road for access are jointly liable for the cost of its upkeep.

On this private road there are a few places where cars can be parked which do not obstruct access to any other properties. One of these ‘spaces’ is directly in front of our house. When we purchased the property, it was disclosed that use of this ‘space’ as additional parking was on an informal basis. As we have two cars and only a driveway big enough for one, we have always parked there.

(Can you guess where this is going?)

The owner of the road has stated that parking on it is only at their permission and they could consider revoking it.

My question is, what can they actually do? Can they install bollards?? Pay a parking enforcement agency to issue fines/clamp cars?? The deeds/land registry does not contain any specific information about parking or use of the road for purposes other than property access.

I’d ask him to provide proof he can prevent you parking there if you are not causing an obstruction.

And speak to the other residents to see if anyone has any issues with you parking there.

Then when all thats done tell him to being a **** and organise a street party!

it was disclosed that use of this ‘space’ as additional parking was on an informal basis.

IANAL

My reading of this is that you need to prove that you have a right to park on his property, obstruction or no obstruction, not that he needs to prove that you don’t.

As it stands you don’t have that right, just the right to use the road for access to your property, and he can justifiably ask you to move your vehicle off his property.

Establishing unchallenged use by you and the previous owners over a long period of time might help, but unlikely to be easy or cheap as it will involve lawyering up, most likely.

The views of other residents are immaterial. I’m sure you’re not causing an obstruction.

The use of the word ‘revocation’ does suggest the existence of some more formal arrangement/permission, though. Can you have another chat to the previous owners and see whether there was ever something on paper about the arrangement?

My approach would be a very friendly negotiating one for now. It may be that you can eventually buy the land off the owner, or come to some other arrangement as the alternative is likely to be more expensive and time consuming.

The owner of the road has stated that parking on it is only at their permission and they could consider revoking it.

My understanding of situations like this (Scotland so this may no apply to you) is that ownership in this instance is more of a legal nicety and doesn’t actually mean anything in terms of power. I would seriously doubt that they could (legally) install bollards or really do anything else for that matter as this would “restrict access” to the road. Parking isn’t at their permission, they have no more rights than you, thanks to your “Easement” (servitude in Scotland). That being said it is also true that you shouldn’t be parking there either and if your argument is that it doesn’t cause and obstruction then they or anyone else could park there too.

You could offer to buy that small section of land however my understanding is that you would need to get the agreement of everyone who has a right of access, compensate each of them for their loss, and pay for all the associated legal costs of all 8 properties.

Edited for Grammar and a bit more clarity!

How did this conversation come about?

The situation, I guess, is that when the houses were built it was unusual for a household to have more than one car. But it would have been probable that other cars would park on the street – for instance if you had visitors

The situation will have evolved that people are treating the parking space nearest their house as ‘theirs’ when in fact no per-household allocation exists – they’ve as much right as each other to park anywhere on the street that its ok for people to park. Theres just a presumption and a courtesy that people would generally prefer to park in the space nearest to their house.

The owner of the road is possibly fancying or anticipating the idea that they would like to park in one /some of those spaces. So unless the owner is suggesting that nobody will be able to park in those spaces (either no-one at all or no-one other than him) in future then the only thing he/she is ‘revoking’ is the sense that theres any allocation of spaces between households and that you’d simply have to not be surprised if you drive home to find a car in the space that you’re in the habit of to parking in up til now- just like an ordinary road. If you or the owner or any of your neighbours decided to buy a dozen cars and park them anywhere it was OK to park…. then that would be fine unless anything in the deeds limits the number of vehicles a resident can own. But if you drove one of them away theres no expectation the space would be vacant when you came home.

Theres just a presumption and a courtesy that people would generally prefer to park in the space nearest to their house.

This is certainly the case for the ‘space’ we use. We have the luxury of being the only property in the road who can do so. None of the other ‘spaces’ available on the road could reasonably be considered as directly related to any specific property (it a bit of an odd layout but ours is basically the only house that fronts on to the road).

As our easement provides unrestricted access to the property and we have a decent area of lawn, we could widen our driveway to accommodate a second car. This would have two benefits; firstly it gets our second car off the road and secondly it effectively prevents that section of road being used by any other residents for parking as it would then be required for access.

IANAL but I’m pretty sure you have a right of access but not the right to leave your stuff there. So I suspect he’s legally right.

How enforceable this is I’m not sure.

As I understand it, and I’m really just thinking aloud here and could be utterly wrong:

You don’t have a right to park anywhere, not even on public roads. Rather, you have places where you cannot park, eg on double yellows. You can generally park on roads by dint of the fact that there’s nothing in place to say you cannot do so.

Your deeds give you right of access, ie you’re allowed to traverse the private road but there’s nothing in there to say you have a right to park on it. So…

The owner of the road has stated that parking on it is only at their permission and they could consider revoking it.

… this is incorrect. They haven’t given permission to park on it in the first place and thus there’s nothing to revoke. Rather, they’d have to have the deeds / access rights amended to explicitly forbid parking. To which I’d say “good luck with that” and remind him of Wheaton’s Law.

Parking there without permission might be trespass. They probably can’t take immediate action if you’re not blocking anyone’s access, so it would be time for legal advice if they’re trying to stop you using it.

Depends what the owners are trying to achieve really. If they’re just making it clear that isn’t part of your property or “your” parking space that seems fair enough.

we have a private road (track really). Five other houses are allowed to pass at all times; they are not allowed to park (or indeed even stop) on it. It’s private. All they’re allowed to do is pass.

So by parking you’re [probably] breaking the terms of your easement. Cannot say without looking at the deeds. You can come to an agreement….

or try here https://www.gardenlaw.co.uk/phpBB2/viewforum.php?f=8&sid=74c277cfc7437ec9f4c697365a24a357

You don’t have a right to park anywhere, not even on public roads. Rather, you have places where you cannot park, eg on double yellows. You can generally park on roads by dint of the fact that there’s nothing in place to say you cannot do so.

Basically, this was my thinking. The neighbour could decree that nobody park on their road. But, if they did so, I wondered if it would be a legitimate demand and how they could actually enforce it.

I used to live down a private road. The owner of the road can do what he likes with his property as long as it doesn’t limit access to your property. Taking away your extra parking space Isn’t limiting you access to your property so completely within his right to do so.
Personally I’d build a legitimate space on your land, problem solved.

Been looking at houses recently and seen a few nice ones down private roads but stuff like this puts me off!!

Does anyone else park on the road or is it just you? Are you actually causing an obstruction to anyone? Why do you think this has suddenly come about? Other residents complaining for some reason?

Personally I’d build a legitimate space on your land, problem solved.

When we bought the house, this was what I’d planned to do. We’d previously lived in a road where parking was a bit of a nightmare but we had two off-road spaces.

However, it became clear that parking arrangements were a bit more sensible here and parking in front of the house had never been an issue (until now).

The neighbour could decree that nobody park on their road. But, if they did so, I wondered if it would be a legitimate demand and how they could actually enforce it.

The rights to what you can do on his property are defined in your deeds. No further decree is necessarily needed. He doesn’t have to come up with a list of things you can’t do, ie ‘no playing football’, ‘no grazing cattle’, ‘no naked barbecues’, there is a complete list of things you can do already in your hand.

Whether established use and custom over a period of time changes that potentially is a matter you’d need proper legal advice on.

Sounds to me like creating extra parking on the front of your own property would be the best and easiest solution, unless you can come to a workable arrangement with the landowner. His approach may be the equivalent of a ‘permissive path’ sign – just letting you know that no higher rights exist to park your vehicle there so that established use cannot be claimed. Whether he intends to take action to enforce his existing rights is another matter.

this is in our deeds

TO HOLD the same unto Purchaser in fee simple Subject to any rights of way or other easements or quasi-easements affecting the strip of land on the North eastern or Eastern boundary of land thereby conveyed then used as access to the rear of the adjoining properties

and this is one of the neighbours

Notice entered in pursuance of rule 254 of the Land Registration Rules,1925 on 27 March 1984 that the registered proprietor claims that the land in this title has the benefit of a right of way over the land tinted brown on the filed plan

See – absolutely nothing about stopping or parking. It is just ‘passing’. If yours is similar, you shouldn’t park there. He may have been flexible in the past, and has now just got annoyed, or you’ve annoyed him, or something else. But he’s doing nothing illegal, unfortunately.

Been looking at houses recently and seen a few nice ones down private roads but stuff like this puts me off!!

Not all private roads are equal though, the one I live off no-one knows who owns it, paperwork probably lost 50+ years ago!

The rights to what you can do on his property are defined in your deeds. No further decree is necessarily needed. He doesn’t have to come up with a list of things you can’t do, ie ‘no playing football’, ‘no grazing cattle’, ‘no naked barbecues’, there is a complete list of things you can do already in your hand.

The more I think about this, the more I think you’re right and I was wrong earlier. I was equating public and private property, which was a logic leap on my part.

If we think of it as someone’s driveway rather than a road, it’s self-evident that you can’t just rock up and park on a neighbour’s drive. Even if the owner then grants you access rights to cross it, that doesn’t mean you can then park up there.

So… If I do go and extend my driveway, do I need to get permission from the owner of the road to directly access the widened section?

Does the covenant preventing neighbours blocking access automatically apply to the new drive?

Fortunately, there’s no kerb so I wouldn’t have to touch the fabric of the road to have the drive laid.

I think you need to check the exact wording of the agreement. This seems odd:

“Our deeds contain an easement which allows access to our property and also states that access to other properties must not be obstructed.”

Why would you need a specific clause stating that access mustn’t be obstructed, the way you’ve written this implies that not causing an obstruction (by parking elsewhere) is fine.

To be honest, if it were me and I was being faced with such pettiness I’d be tempted to tell him I planned to build a workshop or conservatory on the driveway, park round the corner in future, and he could stick his maintenance costs up his ‘arris cos I’m not driving on it any more. Two can play at Silly Bastards.

Our deeds contain an easement which allows access to our property and also states that access to other properties must not be obstructed

That’s your answer. The right of way allows you to pass and repass, but not to park unless the right is expressly granted for that purpose.

Provided he doesn’t prevent your right of way, he can put bollards etc where he likes.

do I need to get permission from the owner of the road to directly access the widened section?

You might. They could, theoretically dump a pile of soil/waste where you are currently parking without blocking access to your current driveway. Seems like you really need to talk to the owner to find out what the issue is and how you might resolve it.

I don’t think you’d need permission if all the work is taking place on your property but that definitely sounds like something to get professional advice on before you start.

and he could stick his maintenance costs up his ‘arris cos I’m not driving on it any more.

It also states that all properties which use the road for access are jointly liable for the cost of its upkeep

Unfortunately you’re likely to be liable to contribute whether or not you use it.

Is it usual in England for one person to own the access and others just have the right to use it for access? I think my sister (in England) has the arrangement where each house owns the section of the private road in front of their house. Neither of these arrangements seem sensible…

We’re in Scotland and have a shared access and parking spaces with 2 other neighbours. However we all jointly own this area and are jointly responsible for it’s upkeep. This seems far more sensible to me

This seems odd:

“Our deeds contain an easement which allows access to our property and also states that access to other properties must not be obstructed.”

Why would you need a specific clause stating that access mustn’t be obstructed, the way you’ve written this implies that not causing an obstruction (by parking elsewhere) is fine.

I think it’s a sensible clause in the covenant. It’s basically inserting Wheatons Law and predicting the most common dispute which will arise. The private road and the houses are only 25 years old, so the perils of residential parking would have been well known when it was written.

I don’t think the wording so much implies parking is permitted (as legally the land is privately owned and parking is not an affirmative covenant in the deed). However, I and all the other residents definitely infer that the parking is OK – this is first time I’ve heard the landowner raise the topic of parking ‘permission’.

Fortunately, there’s no kerb so I wouldn’t have to touch the fabric of the road to have the drive laid.

But you might have to park a Travis Perkins truck and a van or two on the road…

Unfortunately you’re likely to be liable to contribute whether or not you use it.

Perhaps. Again, it depends what it actually says in the deeds. Does it define “access” anywhere? Does access refer specifically to vehicular access or does walking down it count?

this is first time I’ve heard the landowner raise the topic of parking ‘permission’.

It does rather beg the question as to why it’s been raised in the first place. You said he “could consider” rather than that he was actually intending doing anything. Before worrying about legalities and sparking a decade of neighbourly disputes it might be worth just talking to him, maybe he’s just posturing or maybe one of his neighbours has pissed him off somehow.

Owning a bit of land that someone else has to pay for is a bit of a cushy number really, but as how irrational it might be I can easily see how someone might resent people using their property to park on. I’ve had “discussions” with people before now who have objected to me parking outside their property on a public road, let alone a strip of road they actually own.

As with all situations like this, ask yourself “What would Vladimir Putin do?”

He’d annexe it! That’s what! None of your polite conversation nonsense. Rope in some neighbours to establish a militia then take the land by force and occupy it.

You could always shoot down an airliner too, then blame the landowner for it, though this might be a tad excessive

However, I and all the other residents definitely infer that the parking is OK – this is first time I’ve heard the landowner raise the topic of parking ‘permission’.

Sadly his views on the topic trump pretty much any inference drawn by the residents.

And if you continue to ‘enjoy’ the benefits of being able to drive over the road (whether you actually do or not), you will continue to share the obligation to pay for upkeep.

Again, keep it friendly and respectful at this point would be my advice. Landowner has most of the cards.

He’d annexe it! That’s what! None of your polite conversation nonsense. Rope in some neighbours to establish a militia then take the land by force and occupy it.

You haven’t accounted for the extra costs of paying off the local village idiot to stand as mayor, spending vast amounts getting him elected, so he can ensure your annexation doesn’t get much opposition.

I live in a terrace house section where we have an access road down the middle to behind the houses where all our parking is allocated 2 spaces on our land behind the house. There is a 1 shared private road to access all of this.. No potential of parking on that without blocking rights… however the 2 end houses have 1, put a gate across as technically no one needs access to that private bit of road… however looks like it got poopoo’d before my time as I’ve never seen it shut.

2, the other house has built their cobbled drive out into that area and has a park bench and some plant pots! .. the guys quite nice though and it doesnt affect anyone so whatever!

I think the main issue is with you is that the guy obviously doesnt like you.

However if you built your own extra space on your land then the bit opposite your house will never get used and cant be used without blocking you… so then basically you could use all 3 spaces and not give a **** because there is nothing he can do about it… however if he’s a dick… you might have started a nice neighbourly fight!

Google
House of Commons Library
Briefing Paper
Number CBP402 , 10April 2018

The relevant section of the above:

5.4 Parking
Generally, there is no general right to park in a private or unadopted
road except for the owner of the road. In practice parking may be
permitted or tolerated by the owner (in which case there is a licence to
park) and in some cases a legal right may have been granted by the
owner.29 As Barsby explains, parking in a private or unadopted road
without permission or a legal right to do so is trespassing, and is a civil
wrong for which redress can be obtained. The wrong is done to the
owner of the road or, if different, the person in possession of it:
That person can bring legal proceedings to obtain compensation,
though the amount of harm done would typically be small and
the compensation therefore very modest. The owner is also
entitled to insist that trespassing ceases, and could if need be
obtain an injunction against the person concerned.

Marvelous. Looks like i’ll wait for the day when/if the permission is revoked and then extend my drive!

The attached is an interesting read. I live on a privately owned road (which I own a bit of) which is a highway. Yours may or may not be.
Private highway

https://researchbriefings.files.parliament.uk/documents/SN00402/SN00402.pdf

[mod edit: I’ve edited your link into something slightly less horrific.]

If you’re abandoning your vehicle there, you are denying others their right, under the easement, to pass and repass, therefore, you are causing an obstruction and in breech of the easement.

This is assuming there are two types of area indicated on the plan. Private property where you have a right to pass and private property where you don’t.

The fact that this obstruction has been previously tolerated by the owner of the private land is irrelevant.

As for enforcement, I’m not sure but it sounds like you simply have more cars than you have space to leave them. Trying to make it someone else’s problem isn’t right.

Be careful falling out with him as when you sell you would have to declare a dispute. Best just make your own private parking arrangement at your house.