How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask tdlawyer Your Own Question
tdlawyer
tdlawyer, Lawyer
Category: Law
Satisfied Customers: 1096
Experience:  11 years experience of general practice.
73598664
Type Your Law Question Here...
tdlawyer is online now

I bought a house about 6 weeks ago. It stands on a shared driveway.

Resolved Question:

I bought a house about 6 weeks ago. It stands on a shared driveway. I have discovered that a neighbour regularly parks a car in such a way as to restrict my free acess to the two parking spaces in my driveway. I also need to ask the neighbours to remove their car from the shared driveway if I have goods or services being delivered to my home. I have done this on 4 occasions since I bought the house. They have moved the car on request but will return it to the space which obstructs my driveway as soon as the delivery has been completed.
I have spoken to the neighbour in question but was told that they have 3 cars and only space on their driveway for 2 cars so they park outside their house on the shared driveway. Despite my request to please park with consideration for my access to my property they have ignored my request.
I understand from other neighbours that this dispute over parking has been going on for some time but the vendors failed to disclose the facts. Could you give me any guidance on my legal rights, please? Any advice/guidance most gratefully received.
Thank you
Jane Davidson
Submitted: 3 years ago.
Category: Law
Expert:  tdlawyer replied 3 years ago.

tdlawyer :

Hello, welcome to the website. My name is***** can assist you with this.

Customer: Thank you
tdlawyer :

Would you have purchased the house had you have known of the dispute over parking?

Customer: No definitely not
tdlawyer :

OKay. Then you would have a claim against the sellers for not disclosing this, as it was a question that should have been answered properly on the SPIF form during the conveyancing exercise.

Customer: So what can I do?
tdlawyer :

Also, though, you might have a claim against the neighbours too, for parking across you shareed driveway, either in breach of thr terms of the shared driveway (the easement granted) or the law of nuisance.

Customer: thanks for that. I did suspect that I have a right to access my property and to allow free access for goods and services to be delivered to my home, it is good to have you confirm my thoughts. So, how should I proceed now?
tdlawyer : I would suggest you write to them formally or perhaps via a solicitor would be better because people tend to take the threat of legal action more seriously from a solicitor.
tdlawyer : After that you can try mediation perhaps which is where you have a third party yet and help you resolve the issue but I'm guessing they might be quite intransigent and force you to go to court
Customer: I did have a solicitor who acted for me in my purchase. I am tempted to ask her to act for me in this issue. She does have contact information for the vendors. Is that a sensible move or do I need to use a solicitor with more expertise in these matters?
tdlawyer : Ask her and if she feels she cannot do it she is obliged to tell you that but it might be that gage has somebody she works closely with that does this kind of thing regularly if she does not.
tdlawyer :

Is there anything specific you would like me to address for you about this?

tdlawyer :

It might be worth asking your solicitor if they would consider doing this on a no-win no-fee agreement too, as this type of claim might not be too difficult to succeed with, particularly if there are property deeds that set out the positions regarding the shared drive.

tdlawyer :

Can I ask whether you're happy with the service today please?

tdlawyer and other Law Specialists are ready to help you