Title Deeds and Landlords

[Tigi]

Hi i wonder if someone can help me, what happens if a tennant of a landlords house is breaking their deeds, we have a access road which allows access to all our properties, the deeds state no parking, blocking at any time on the access road and they keep having people that are visiting them parked then sometimes even when there is no one parked in their driveway and they have room for two cars, this makes it extemley difficult for both us and our neighbours to get our cars out and its recently caused a iccident.

 

Thanks

[Snorkerz]

Is it a private road or a public road?

 

If it is a private road, is it freehold or leasehold

 

If it is leasehold, is there anything in the lease to prohibit this, and if so, what penalties are specified?

[Tigi]

Hi its a private road shared between us, neighbours (both own our properties) and the neighbours (rented) that are causing the issues. Its freehold and each owner has a copy of the deeds which states no parking at any time on the access road anywhere shaded green or yellow on the said plan. No penalties have been mentioned in the deeds.

[Steve__M]

The best way of sorting out this is by persuasion because any sort of big dispute may need to be revealed to future buyers of your properties.

 

Unfortunately, the next best would, I think, be a court injunction. Do any of you have access to legal cover in your home insurance?

 

Unfortunately, I am in a similar situation and it is threatening to get a little bit ugly. But I've not explored the legal avenues in detail yet.

[Tigi]

yes mine has too with police involvement now too, the police have had get involved as the other party is constantly knocking on my door with regards to the accident that occured because of the parking situation and has admitted to knowing that I am in, therefore must be watching me in and out of the house.

[Steve__M]

Tigi,

 

Unfortunately you have to be very very careful in these situations. If you mean that one of the wrongly parked cars has been damaged because it was in the way you should note that you may not be able to legally blame the owner of a badly parked car if someone hits it.

[Tigi]

with regards to the accident its in the hands of the insurance company and liability has not been admitted by us we are allowing the insurers to battle that out, the fact that they are still parking there even though they have a drive way empty is what we want to get stopped to avoid there ever being this situation again, also we exchanged all details with the party at the time of the accident and informed our insurance company, we still havent got their full details and they have failed to give them even though they have been asked, we have passed their reg number to the insurance company to trace details. The problem has been even though she has contact details for the driver, has been knocking on my door everyday since the accident and admitted on the phone that she knew I was in which means I have been being watched as they do not live here. All very complicated I know. I have been advised by the police and insurance company not to open the door and let them deal with it. We just want to get it stopped in the furture as the parking issues affect us all living as none of us can get to our drives here just from inconsiderate parking.