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LondonlawyerJ
LondonlawyerJ, Advocate
Category: Law
Satisfied Customers: 778
Experience:  Solicitor with over 15 years experience.
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I own a courtyard which my neighbour has right of access over

Customer Question

I own a courtyard which my neighbour has right of access over to get into her house and on which she has right to park two cars, in designated spaces which do not interfere with my access or my own parking areas.
She has encouraged visitors to park so that I am blocked in or out, either by parking 'off' her area, or by leaving a car with a trailer attached to the back blocking my access.
Beyond my courtyard there is another private road owned by a neighbour over which we pass to access the public road.
The police have said that as I'm being blocked in / out on private property which does not adjoin a public road there is nothing I can do.
Please may you tell me if this is true, and if so, what I am supposed to do when I cannot get out to work, to a hospital appointment etc. or cannot get into my own home?
Submitted: 2 years ago.
Category: Law
Expert:  LondonlawyerJ replied 2 years ago.
LondonlawyerJ :

Hello, I am a solicitor with over 15 years experience I will try to help you with this.

LondonlawyerJ :

Am I right in thinking that your neighbour has an easement over your land. If this is a right of access and a right to park in a particular area then that is all she is allowed to do. The police are right in the sense that what she is doing is not a crime but it may well be wrong under civil law.

LondonlawyerJ :

Have you spoken to your neighbour about this?

LondonlawyerJ :

I will be on and off this site today around work commitments but will look again later today.

JACUSTOMER-whbdlne5- :

They do have an easement to cross in order to access their property and a right to park two cars in designated spots. Naturally I have spoken with the neighbour... if it was that simple I would not be paying money for legal advice about this.

JACUSTOMER-whbdlne5- :

The neighbour has an easement allowing her to cross the courtyard and access her property plus park two cars in designated spots. Naturally I have talked to her but it was not a success, hence me seeking legal advice. As per my original question I would like to know if the police can do anything as it's a recurrent problem, and failing that, what civil offense she is committing.

LondonlawyerJ :

No, the police cannot do anything as she does not appear to be committing a crime. If she is using your land in a way which exceeds her rights and you are suffering harm as result then you will have a claim against against her. You should write to her reminding her of the limited rights she has over your courtyard and requesting she stick to what she is allowed to do. You can warn her that you will take action if she does not stick to her limited use. However, in reality your options are a bit limited. I suspect that any compensation would be very small and although the court could theoretically grant an injunction to prevent her misconduct the costs of obtaining such an order would be enormous. One approach you could take would be to contact a private car clamping company. You would need to put up warning signs and make it clear that parking is not allowed in your courtyard and that anyone doing so will be liable to be clamped. You should do this through a company specialising in this sort of work so that you avoid any risk of an allegation of criminal damage.

LondonlawyerJ :

Your legal rights are being infringed but you are in a situation where the courts are unlikely to be much use to you.

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