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Aston Lawyer
Aston Lawyer, Solicitor
Category: Law
Satisfied Customers: 10635
Experience:  Solicitor LLB (Hons) 23 years of experience in Conveyancing and Property Law
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My title deeds define an area of shared driveway/forecourt

Resolved Question:

Hi. My title deeds define an area of shared driveway/forecourt serving 4 properties, but owned by me. The deeds also contain a clause stating that the area must be kept 'open, unobstructed and unbuilt upon' for the purposes of access. My neighbour has recently started parking in part of this area and asserts that he has the right to park there. I have asked him not to park there and shown him the relevant clause together with a plan which clearly illustrates the area in question, but he still refuses to park elsewhere.
Am I right to insist that he parks elsewhere?
Regards,
KH
Submitted: 2 years ago.
Category: Law
Expert:  Aston Lawyer replied 2 years ago.

Hello and thanks for using Just Answer.

My name is ***** ***** am happy to assist you with your enquiry.

If the land in question is owned by you, then your neighbour is certainly not legally entitled to park on it, UNLESS his Deeds give him a right to park on the land.

I must say that it would be most unusual for the Deeds to grant a neighbour a right to park on a third party's land where th eland is a shared access.

Although it is quite easy for me to spout the law, in practice, it is a lot harder for you to resolve the issue.

The only remedy available for you would be to issue Court proceedings against him, with a view to obtaining an Injunction to stop him parking there.

I would t

re suggest that you send him a letter, confirming that you have taken legal advice and that unless he stops parking there, you will have no alternative but to instruct a SOlicitor with a view to issuing Court proceedings against him, and that he will be liable for any legal costs incurred by you in issuing such proceedings.

Hopefully, this will then do the trick!

I hope this helps and sets out the legal position to you.

Kind Regards

Al

Aston Lawyer and other Law Specialists are ready to help you
Customer: replied 2 years ago.

Many thanks. That is helpful. A letter seems definitely to be the next step.

Would court proceedings be very costly?

KH

Expert:  Aston Lawyer replied 2 years ago.

Hi Kevin,

I'm afraid any Court action is very costly, and should be avoided if at all possible- could cost £10,000!

Hopefully, the letter will do the trick, or perhaps a Solicitors letter threatening Court action may be better, if you are willing to pay- probably £150 or so.

I hope you manage to resolve things.

Kind Regards

Al

Customer: replied 2 years ago.

Thanks

Expert:  Aston Lawyer replied 2 years ago.

You're welcome.

Kind Regards

Al