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Neighbours constantly using visitors space and access over shared property advice


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Hi,

Some advice please.

 

I live in a small cul de sac where we each have 2 parking spaces

and also two visitors spaces which are jointly owned by all of us.

 

 

One of the visitors spaces is at the far end next to a neighbours garden

and the neighbours there have always used it as their own private space.

 

 

They are aware it is a visitors space (because they have told me they are aware)

and the deeds state this.

 

 

No one has ever complained as we like them and didn't want to cause any problems.

Also, most of the residents are tenants so unaware of the fact it is a visitors space,

it is only those of us who own the properties who are aware.

 

Now though,

they have decided to make vehicular access to their garden across this visitors space

and put vehicle gates in across the far end of it.

 

They have not asked anyone if they agree.

If they then park in their garden, and someone parks in the visitor space

they will be blocked in which is tough luck.

 

 

but, really, no-one will park there as by putting gates in they are inferring it is their private driveway.

 

 

If the space needs maintenance then I am as responsible as they are even though I cant ever use it.

 

 

When I asked what they would do if someone blocked them in

they just said that no one has ever parked there before (probably because they couldn't)

 

I cant put a bollard up as they own the same amount of the visitors space as I do.

 

I am concerned long term they they are taking ownership of shared property which could de-value property.

 

Any thoughts or suggestions please?

 

Im annoyed as they are the ones in the wrong and yet I feel awkward about addressing it!

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The deed will say what should be done but when a deed is written up it should make reference as to who is governed by it and who are the beneficiaries so if you jointly decided to invoke the terms of the deed thenit would be likely that you could all sue your neighbour and show that a communal loss has been made by their actions and they must them pay the rest of you £x. However, this will be expensive to instigate so look into planning permissions first. Is the roadway adopted by the council or is the cul-de-sac itself part of the commonhold? If adopted then the council should have an interest in whether the gates and use of the garden is inbracjh of planning law.

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Thanks ericsbrother! Unfortunately, its vehicle access over private property which is jointly owned and I don't even know who the others are. Sueing seems drastic and would be far too expensive. Unfortunately think im just going to have to put up with it and make sure they know they dont have my permission. Hey ho!

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Now though,

they have decided to make vehicular access to their garden across this visitors space

and put vehicle gates in across the far end of it.

 

They have not asked anyone if they agree.

If they then park in their garden, and someone parks in the visitor space

they will be blocked in which is tough luck.

i think i get the gist of that.

are they allowed to turn their garden into a drive (maybe so), and erect a gate (but are there any restrictive covenants in place)?

 

as you say, if a visitor parks in the designated communal visitor space (owned by all) blocking them, then not much they can do. maybe someone will have a visitor for a couple of weeks :)

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Nothing to stop them turning their garden into a driveway, the issue is the access, which they don't have and would be across the communal visitors space. Just have to make them agree to replace it if it affects selling price further down the line.

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anyhthing that affectes the selling price of a house is automatically thrown out of court as being totally specious. You have to go for loss of amenity. What i recommend is that you read your property deeds and see if the covenant covering the visiting parking spaces is enforceable by the developers and get on to them if it is. They wont want to get involved but go after them for failing to enforce it causing you and the other residents a loss of amenity will make them think a bit more. If you sue your neighbour then the cost will be quite high and event hough you get costs awarded when you win they never cover the ful amount. Speak to your neighbours and see if it is a problem for them, you have 8 years to start something befoe an easment is created so try and get more people interested and spread the risk.

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