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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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We have a shared two-car width drive with adjoiing property.

Resolved Question:

We have a shared two-car width drive with adjoiing property. We have had good relationship with neighbour regarding parking of his car and parking of our car but neighbour now has given permission to his brother to park an unhitched family size caravan on his part of the drive. This does not block our access to property but requires greater care to avoid scraping the caraven or our car when driving on or off our property. It also makes it more difficult for pedestrians to reach neighbour's front door without walking on our side of drive.

Caravan's presence will restrict visitors to our property from being able to park along part of our drive as though a car could stop alongside the caravan, car occupants would find it very difficult to open the doors sufficiently to be able to get out.

This caravan's presence in the shared driveway space seems to us to be very antisocial. We would appreciate advice regarding what course(s) of action might be available to us if reasonable discussions with our neighbour fail bring an acceptable solution.
DM.
Submitted: 3 years ago.
Category: Law
Expert:  Ash replied 3 years ago.

Alex Watts :

Hello my name is ***** ***** I will help you with this. Please note that I am a working Solicitor and may be on and offline as I have to attend Court and meet with clients, even at weekends. As such you may not get an instant response when you reply as this is not an ‘on demand’ live service, but rest assured I will be giving your question my immediate attention upon return. There is no need to wait here, you will get an email when I reply.

Alex Watts :

What do your deeds say, that you have reasonable access or words to that effect?

Customer:

Our deeds are in safe keeping with Nationwide Building Society. I cannot readily access them, I would have to get them released and sent to us (or made available for collection to a Nationwide branch). No idea how long that process would take.

Alex Watts :

Ok - you should have reasonable access

Alex Watts :

This means they can't restrict it in any way

Alex Watts :

So if you discuss with them and they refuse, you can seek mediation

Alex Watts :

This is where an independent person tries to broker an agreement.

Alex Watts :

It is cheaper than going to Court

Alex Watts :

If it does not work sadly all you can do is go to Court and enforce your rights

Alex Watts :

They can't restrict or limit access

Alex Watts :

But of course that could be costly and you don't really want to fall out with your neighbour

Alex Watts :

So discussion or mediation is the best option and everyone remains on talking terms

Alex Watts :

Can I clarify anything for you about this today please?

Customer:

Hi Alex. Thnak you for your information and thoughts. Do you think it would be worth our while getting the deeds from Nationwide or they unlikely to add much to the equation.

Alex Watts :

I would try talking to the neighbour first, that may resolve matters for you

Alex Watts :

Can I clarify anything else for you?

Customer:

Alex - Thank you. My wife has suggested our District Council might be worth approaching for any information there might be on restrictive covenants which could affect right of neighbour to allow caravan parking on shared driveway. Is wife's suggestion worth following up?

Alex Watts :

Yes its worth a shot, you have nothing to lose.

Alex Watts :

Unless I can help further I wish you a good weekend, or whats left of it

Customer:

Alex - same thoughts for you. Thanks again, you have been helpful. DM..

Alex Watts :

Thanks

Alex Watts :

If I could invite you to rate my answer before you go

Alex Watts :

If the system wont let you please do say

Alex Watts :

If you need more help please click reply

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