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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 30896
Experience:  Over 5 years in practice
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Adjacent to my house is a courtyard . I have

Customer Question

Hi, adjacent to my house is a courtyard for parking. I have 2 allocated spaces as does my neighbour whose home is attached to mine on the other side. I own the entry from the road and the central area that we both use to manoeuvre and access our designated spaces. Neither of us is permitted to park on the central area.
My neighbour has recently started renting out his designated spaces. To access the spaces, different people whose only connection with my neighbour is that they are paying for a days parking are driving over the central area that I own.
I am concerned not only that random people are present in an area designed to provide a facility ( of parking) to the 2 properties, but also because it raises issues about responsibility and liability in respect of potential damage to property and personal injury. Their renters can only be covered by my property insurance if I pay a premium.
I have asked them to enter in to a formal agreement with me whereby they take responsibility for their renters ( potential damage caused by them or to them) and also that they pay a token toll of £1.00 annually for me to allow these strangers to drive over the area I own. I have also asked for evidence that their insurers are accepting of the arrangement to be provided to me and my insurers. They have refused categorically to put anything in writing and aggressively insist that as they have a right of way ( an easement) on the deeds they can permit whosoever they wish to access their spaces regardless of the fact they must drive over an area I own.
My understanding is that the right of way is for them (and presumably people connected with their household) and that they have no right to broaden it out permitting others access and encouraging them onto land I own without my permission. With a written agreement I would have given my permission providing the arrangement did not cost me anything or bring trouble even though they contribute minimally to maintaining the area and keeping it tidy.
Please, what is your view on all this.?
Submitted: 1 year ago.
Category: Law
Expert:  Nicola-mod replied 1 year ago.
Hello,
I've been working hard to find a Professional to assist you with your question, but sometimes finding the right Professional can take a little longer than expected.
I wonder whether you're ok with continuing to wait for an answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question for you.
Thank you!
Nicola
Customer: replied 1 year ago.
Yes I will wait. I have I believe paid £38 for some advice. Thankyou.
Expert:  Nicola-mod replied 1 year ago.
Hello,
We will continue to look for a Professional to assist you.
Thank you for your patience,
Nicola
Expert:  Nicola-mod replied 1 year ago.
Hello,
I apologise as we have not yet been able to find a Professional to assist you. Do you wish for me to continue to search for someone to assist you or would you like for us to close your question at this time?
Thank you for your patience,
Nicola
Expert:  Nicola-mod replied 1 year ago.
Hello,
Please understand it is rare for us not to be able to find the right Professional to assist our customers. We can close this question and return your good faith deposit to the original funding source on request.
Please let me know how you wish to proceed and again I apologize for any inconvenience this may have caused.
I hope you will give JustAnswer a try again in the future,
Nicola
Customer: replied 1 year ago.

Hi Nicola, I am surprised that you have been unable to find someone to respond to my question. It cannot be so rare a situation. Under the circumstances I accept your offer to refund the £38.00 that I paid and I am asking that you close my account. Please mail me to confirm when my visa account has been re credited and that my banking details deleted. Thank you, ***** *****

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