Private access road - resurfacing a section.

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Collaborate
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Re: Parking on ROW - Private road

Post by Collaborate » Sat Oct 06, 2018 11:17 pm

mr sheen wrote:
Sat Oct 06, 2018 10:42 pm
....and that the basis for the claim is that the OP owns a thin strip of land on a roadway over which she has a RoW and whilst she can access and egress from her driveway, and the vehicles in question is not causing an obstruction, the parking of vehicles on the roadway of which she owns a thin strip is annoying and breaches a covenant....then IF the OP wins there may be an injunction or a token compensation award and huge costs.....is this the blindingly obvious journey you are advocating the OP embark upon?
I do wish there were an emoji for banging one's head against a brick wall.

What is this obsession with "substantial interference? How is that relevant to a landowner (as OP is) who wishes to prevent a 3rd party parking on their land when the 3rd party only has a ROW over it? OP does not have to show it is causing an obstruction, though she says that it is, and that it is an inconvenience to her. She need not prove either. The only thing she needs to prove is that she owns the land and others are trying to exercise rights they simply don't have. there is no "may be an injunction" about it. It is a dead cert. There are no damages, as OP has not suffered financial loss, but there would be an award of costs.

But hey- do put words in to my mouth why don't you. When did I ever suggest OP heads off to court first thing in the morning? She can prevent, in law, the neighbour parking on her land. Just as you can prevent someone who chooses to stand in your front garden. As with most normal people, OP has spoken with the neighbour and is happy with the outcome. She has also sought the advice of a solicitor who has confirmed that the neighbour has no right to park there. Had she not been satisfied with the outcome she has a remedy in law. Good job this site is called Garden Law really.

mr sheen
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Re: Parking on ROW - Private road

Post by mr sheen » Sun Oct 07, 2018 4:46 pm

More banging of head needed...above does not show how it is blindingly obvious that OP can 'prevent' neighbour parking.

OP options are...ask nicely, seek injunction, acquiesce or physically prevent parking ( not advisable!)

Issues making injunction not a dead .cert...OP would have to prove ownership of precise piece of land where neighbour is parked; neighbour is not an original Covenanter; parking neighbour is not substantially obstructing anyone so no damages and no interference with rights of others...costs award is not a dead cert in these circumstances. Precisely What makes it blindingly obvious that OP can 'prevent' parking if you are not advocating court action if pleasant neighbourly chat does not work out???

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Re: Parking on ROW - Private road

Post by sharonuk » Tue Oct 09, 2018 10:33 am

https://imageshack.us/i/plibG60Qj

My decorator was unable to access my driveway this morning :| due to this 4x4 parked there.

I've decided im not happy with this situation, they shouldn't be parking there, it's causing me access problems, how do I go about getting an injunction?

I have legal cover on my buildings insurance, will this cover the legal costs for this?

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Re: Parking on ROW - Private road

Post by sharonuk » Tue Oct 09, 2018 11:03 am


mugwump
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Re: Parking on ROW - Private road

Post by mugwump » Tue Oct 09, 2018 12:53 pm

So, you actually have more road width than your neighbour to the right even with that vehicle parked there and you are struggling?

Collaborate
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Re: Parking on ROW - Private road

Post by Collaborate » Tue Oct 09, 2018 1:18 pm

mugwump wrote:
Tue Oct 09, 2018 12:53 pm
So, you actually have more road width than your neighbour to the right even with that vehicle parked there and you are struggling?
Of course she is still struggling. She needs the space to swing in to her drive, which the neighbour to her right does not need.

OP - speak to your insurers about making a claim under the policy for legal cover.

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Re: Parking on ROW - Private road

Post by sharonuk » Tue Oct 09, 2018 1:21 pm

There is a fence to the left of the Honda, and a piece of grass which belongs to the neighbour which I have been asked not to drive over, it's a lot narrower than it looks and that's not the point the point is they should not be parking there, it's a right of way for access to my driveway, I should not have to be doing a 10 point turn to get out my driveway.

If they were meant to park there the builders would have done that area in pink tarmac and their title plan would have included that space in their boundary, the reason their actual driveway is behind the gates is because the builders obviously thought it was too narrow to have their driveway there.

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Re: Parking on ROW - Private road

Post by mr sheen » Tue Oct 09, 2018 2:11 pm

Collect together your evidence and contact your insurance provider with it to see if they will cover you.
Evidence required -
1. proof that you own the land on which the car is parked (from the documents here I believe you may have a problem with this but some people here are adamant you own the land on which 4x4 is parked - so collect together all documents to prove it and the insurance company will consider them)
2. Photographs (showing dates and times) of vehicles parked there - you will need multiple photos on different dates over a reasonable period of time to prove that the parking is persistent and hence a nuisance
3. Copies of evidence that you have made informal and formal requests for them to cease parking there
4. Copies of neighbour's ownership plans/deeds to show they do not own the land in question

The insurance will consider your position and give you advice. Alternatively, take all the above to a solicitor who will advise you.
If you only have a right of way to your driveway, as oppose to owning the specific land on which the 4x4 is parked, it is unlikely that the 4x4 would be considered a substantial interference and hence you are unlikely to win.
A word of warning....you are initiating a battle that will turn into a war...try to imagine how awkward these neighbours could become and how difficult they could make life for you before you initiate any legal action. They have already failed to comply with your requests, so don't think for a minute that a solicitors letter will make them quake in their boots....it will not. If you initiate legal action it needs to be because you intend to go all the way to court and have the funds to carry this through because if you start and later have to back off you can guarantee that they will see that as a victory to park there (or on the road generally) all the time with no comeback.

mugwump
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Re: Parking on ROW - Private road

Post by mugwump » Tue Oct 09, 2018 7:53 pm

Collaborate wrote:
Tue Oct 09, 2018 1:18 pm
mugwump wrote:
Tue Oct 09, 2018 12:53 pm
So, you actually have more road width than your neighbour to the right even with that vehicle parked there and you are struggling?
Of course she is still struggling. She needs the space to swing in to her drive, which the neighbour to her right does not need.
Sorry I disagree. Driving past and reversing is one way to get in in a single manoeuvre. The shape of the edge of her lawn even gives a good guide to use.

As for space. She has 3m (10ft) of road width there. More than you would get to enter and exit your drive on the majority of suburban streets with cars parked on one side. The rest of the roads on that estate are only 5m wide anyway and they take 2 way traffic. So I'm sorry but the argument that she has to do multi-point turns points is not caused by the width that she has available.

Image

Google Earth gives you a wonderful measuring tool

As I said in a previous post, she has more space than me
Image

There is normally another car in front of the one you see so I only have that 3m width for the whole of my drive. Since I have 2 cars normally on the drive then parking at an angle is a no-go before it is suggested.. I have this daily and there is nothing I can do about it. If you are a competent driver then it should not be a problem. All that is needed is a little care.

Collaborate
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Re: Private access road - resurfacing a section.

Post by Collaborate » Tue Oct 09, 2018 11:08 pm

I'm so sorry to have doubted you mugwump. You, who have inspected the property on google earth, clearly can speak more authoritatively on the subject of how easy it is to get in to OP's drive than OP can, who only has to do it an number of times a day.

Anyway, I think that even the most sceptical of doubting Thomases will appreciate that the SUV in the most recent photo is parked on OP's land. Therefore inconvenience doesn't come in to it other then give OP even more impetus to act.

mugwump
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Re: Private access road - resurfacing a section.

Post by mugwump » Wed Oct 10, 2018 5:42 am

Well you seem to talk author actively as well. Have you been there? Has their solicitor got their butt out of the chair and visited? No. I am basing it on the evidence supplied and using Google Earth. I know the space I have and the measurements on line match what I have on the ground. I therefore trust that the measurements that I can take from an online image are pretty close to correct. I have to do it numerous times a day for my drive. It is just a case of learning the best approach. It then becomes second nature.

You keep talking about the OP's land. There are at least 3 owners of that roadway. Two of them (not the OP) own the roadway closest to the house opposite, yet you keep insisting it is the OP's land.

The first plan that was provided, which you appear to be basing your assumption on, is, I am guessing a pure build plan. Maybe the original plan put forward for PP. it shows that there appears to to be pavements either side of that road similar to the main road. That is not the case though. Can you trust that plan? I don't think so because it doesn't reflect the reality on the ground.

We will have to agree to differ because, although that vehicle is parked on the ROW, I don't believe the OP owns it or all of it. There is sufficient space for getting the car in and out. Maybe not enough for the OP to swing in and out without a care in the world but enough to do it with a bit of care. A situation that fairly common throughout the country.

mr sheen
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Re: Private access road - resurfacing a section.

Post by mr sheen » Wed Oct 10, 2018 8:44 am

Excellent research and comments Mugwump based upon objective data as oppose to subjective opinion of OP.

I agree with you and also doubt that OP owns land on which 4x4 is parked and hence the OP is unlikely to be able to prevent the neighbour parking there since there is no substantial interference.

Whilst accepting that the neighbour 'shouldn't' park there, seeking to prevent them doing so will be difficult, costly and is unlikley to be successful.

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Re: Private access road - resurfacing a section.

Post by Collaborate » Wed Oct 10, 2018 8:46 pm

mr sheen wrote:
Wed Oct 10, 2018 8:44 am
as oppose to subjective opinion of OP.
The subjective opinion of the only person to have posted on this thread who has seen the physical land? ie the only witness? You'd better tell surveyors that there's no need for them to visit properties anymore. A quick visit to google an Bob's your uncle. As Michael Gove says, who needs experts?

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Re: Private access road - resurfacing a section.

Post by mugwump » Thu Oct 11, 2018 5:56 am

Yes, the OP is subjective. 'It's not wide enough' & 'I have trouble manoeuvring' on their own are subjective assessments if they are not qualified in any way.

Maybe the OP ought to measure the space available to prove that using Google gives the wrong result. I confirmed the accuracy of Google Earth results by being able to measure something I have access to and comparing that result to Google's.

Using your argument about Internet resources then we must also question the accuracy of the plans that the OP included for the same reason.

Don't you find it worrying that their solicitor states that the vehicle is on their property, notwithstanding the fact that there are plans that show other houses own parts of that road where the vehicle is parked. That must bring into question the information supplied for the solicitor to come to that decision, maybe it was only the first plan with the yellow hatching on it rather than the plans for all 3 houses as that would explain that decision

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Re: Private access road - resurfacing a section.

Post by Collaborate » Thu Oct 11, 2018 7:18 am

Not really. I'm quite happy to go by the advice of a trained and suitably qualified professional who has seen all the paperwork first hand.

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