Please help get my driveway back

[welshlady85]

hi all

 

i bought a new home five months ago and then about 4 weeks ago new neighbours rented out the property next door, and they are taking up part of my driveway (shared with garages at end) with their caravan AND burger van, which may i add are both complete tattared old bangers. Im getting really annoyed with squeezing on my 2 car drive with my little car when i should have enough room to do a 360!. ontop of this they park their big 7 seater car on the road at the end of the drive so when reversing out i cant see anything coming up the road. does anyone know of any laws that could help me as when they were asked about moving them they said that although the vehicles hadnt been used for years they would be doing them up and using them and they paid for the right to park there but i bought my property and the right to park there and am not renting it so want my drive back along with the original view out the back. sorry for the rant im just frustrated with it all. if anyone could help it would be much appreciated thank you kim

[rebel11]

Hi Welsh

 

Welcome to CAG

 

The guys will advise as soon as they are available.

[Surfer01]

If you are in anew development there may be a covenant barring caravans from being parked on the development. Check your contract.

[welshlady85]

hi thank you yes it is a new developement site built by redrow but sold by barrards homes but i cant seem to find anything on the sale contract

[bigegg]

First of all, have you discussed the matter with your neighbours? A serious discussion tho, not

just light hearted banter?

 

if your new neighbours are renting, then have a word with the landlord.

failing that, if the vans are on your property, have them removed, or clamped.

as to dangerously reversing out of your drive - first of all, reverse IN to your drive.

then contact the police and tell them there is a car obstructing your road, and it's causing a

hazard. Obstructing the highway is an offence. (make sure it is, tho - don't want to be wasting police time!)

[bigegg]

also: you will probably find that the shared driveway is NOT to be parked on by either you or your neighbours.

Is there nothing at all in your paperwork about driveway and access to the garage?

If not, how do you know you have a right to use them at all?

[andydd]

You need to find out exactly who owns the actual driveway. Is it a leasehold property ? It may be (like me) the actual driveway is a comm,on area that is actually owned by the freeholder and we just have 'rights' over it.

 

You wil need to view any plans/wording of any lease to find out exactly what is what, if it is indeed a leasehold property it may be possible to instruct the freeholder to take action against possible breaches of covenants.

 

Andy

[Steve__M]

I have a similar problem at the moment - though not so serious.

 

You should have a set of deeds or a transfer document - mine is a document numbered TP1. It includes a map of my part of the estate and a list of all the covenants and rights for shared access ways.

 

In my case, the land is actually owned by my nemesis. This makes no difference in my case as the covenants say he and his tenants should not park there, and that I have right of access. Your covenants and rights will be different. The section on covenants will say who benefits from the covenant. Only the people listed as benefiting can enforce the covenants.

 

If you have rights, the problem is enforcing your rights - it is difficult and potentially expensive. In my case (I am offering no recommendation here as your situation is different from mine) I started with a civilised request which was ignored. Also, I have got the tenants a bit on my side by pointing out that their landlord has effectively misled them if they have told them they can park there.

 

Now I have started to occasionally park where the tenants have been parking - they don't mind as there is plenty of room, but it drives their landlord up the wall. Technically I am in the wrong as much as the tenants and their landlord. But it is in the landlords interests not to make promises to tenants that cannot be kept, and now he is taking notice of my concerns.