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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70197
Experience:  Over 5 years in practice
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My neighbour is currently parked on MY driveway - not blocking

Customer Question

My neighbour is currently parked on MY driveway - not blocking the entrance, but actually, completely parked ON my property and not on the highway. She point blank refuses to move it, claiming it is her driveway. We have lived in the property for approx. 8 years. She attempted a similar strategy with the previous owner of our property, who properly engaged the council and received written confirmation of our property's boundary and it is, indeed, OUR driveway. We have a letter and diagram dated 1999 regarding this matter. She does not own her house, it is a council property whereas ours is private, owned by ourselves. Even if there were an issue regarding the driveway, which the council has written that there isn't, it would be their fight, not hers. She has made an arbitrary decision that the drive is hers and I have been trapped in my own home for over 6 hours and the police are still not here. I have to get my car out tonight. What are my options?
Submitted: 2 years ago.
Category: Law
Expert:  Jo C. replied 2 years ago.
Hi.
Thank you for your question. My name is ***** ***** I will try to help with this.
In terms of getting her to move tonight, if she refuses and the police will not attend then there are no magic wands.
The police will ultimately attend but you do have to bear in mind that this is a matter of causing an obstruction and, depending on where you are, the police are likely to be doing other things on a Saturday evening.
In the long run, you could sue for trespass if she is literally parking on your property. That will lead to the consequent injunction preventing her from parking there. That is obviously not something that can be done tonight though.
I am sorry but I have to give you truthful information.
Can I clarify anything for you?
Jo
Customer: replied 2 years ago.

Thank you for the swift response.

Bearing in mind that the car is parked on private property, are we within our rights to engage the services of a towing company to remove it?

Expert:  Jo C. replied 2 years ago.
Only if you can do it without causing damage.
It is always best to give them notice of your intention to do that by means of a note in the windscreen. Take photographs of the note.
Jo C. and other Law Specialists are ready to help you
Customer: replied 2 years ago.

Thank-you. That's what we assumed, but we're happy we have the opinion of someone calm :)

Thank-you again for your prompt, helpful service. 5 stars!

Expert:  Jo C. replied 2 years ago.
No problem and all the best.
Remember that I am always available to help with your questions. Even if I am in Court I will usually pick up a question within 12 hours. For future information, please start your question with ‘For Jo C’.

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