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JGM
JGM, Solicitor
Category: Law
Satisfied Customers: 11429
Experience:  30 years as a practising solicitor.
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I own a lock-up garage in a narrow one way street in central

Customer Question

I own a lock-up garage in a narrow one way street in central Edinburgh. Directly opposite the entrance to my garage is a courtyard-like area built up on 3 sides but this area is private. The owner of the private courtyard area opposite has taken to parking two cars - one behind the other - but one of these cars ends up projecting beyond the "building line" and onto what I believe is the public road. The projection varies between 75cm to 1 meter beyond the building line and causes me considerable difficulty exiting and entering my garage with my cars. My impression is that this constitutes on obstruction to my property access but I am not sure what - if any - legislation applies. I propose to draw this matter to his attention but wish to be sure of my facts before proceeding. Can you advise? Thank you
Submitted: 3 years ago.
Category: Law
Expert:  JGM replied 3 years ago.
Thank you for your question.

You won't find much on the a Road Traffic Act about this as the issue is more one of common law nuisance. The common law says that one neighbour isn't allowed to do anything that causes a nuisance to the other and in fact this is also written into the title deeds of many properties.

So the stance you take to your neighbour is that this is a legal nuisance and he should cease and desist parking in a manner that causes you difficulty accessing your own property.

Your ultimate remedy would be to go to court to get a court order preventing him from parking in a way that causes a nuisance to you.

Happy to discuss further.

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