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propertylawyer
propertylawyer, Solicitor
Category: Law
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Experience:  Property Solicitor with expertise in commercial and residential property transactions.
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At the front of my property is a tarmac area 6ft wide x 20ft

Resolved Question:

At the front of my property is a tarmac area 6ft wide x 20ft long adjacent to the kerb of the road. This area (between my and my neighbours drive) was constructed by the builders as a requirement of the building licence defined as a courtesy/passing place. The road between kerbs at this point is only some 12 ft wide.
Opposite diagonally to the left is a property with an area from the kerb providing a car parking space (normally occupied). The property directly opposite has no parking space. Opposite diagonally to the right there is again recessed from the kerb space offering parking for several properties (normally occupied). The property opposite also uses this area for car parking.
The property diagonally to the left now has 2 cars and are now permanently parking the second car in the area at the front of my property, effectively treating it as their residential parking space.
In consequence the vehicle now parked directly in front of my property:-
obstructs my view when leaving my premises (this also applies to my neighbour)
prevents me from immediate access to my front garden (the vehicle takes up the full width of the area)
removes any option for the provision of a courtesy/passing place as the vehicle takes up all the length of the area.
parked during the day and overnight creates an obstruction for access by any public service vehicles.
assumptions are made the vehicle belongs to us whenever an issue arises.
inhibits use as ad-hoc parking by delivery vehicles.
I have no issues with temporary parking but feel 24hr/7day permanent residential parking was never intended for this area.
Are there any regulations being contravened that can prevent this space being used for other than those of the courtesy/passing purposes as designated in the original planning consent and not 24/7 parking?
Submitted: 11 months ago.
Category: Law
Expert:  propertylawyer replied 11 months ago.

Hi there

Thanks for your question.

Unless there are road markings to prohibit parking then not much you can do. Have you checked the title deeds, there may be something in the deeds restricting parking or obstructing the area.

If you have a pdf of the deeds I can check for you. You can reply to this message, click the paperclip icon to attach the document

Kind regards

Paul

Customer: replied 11 months ago.
Effectively you are saying there are no regulations governing the preservation of passing places or protection re safety or obstruction to access to my garden. So much for today's society - no consideration -anything goes - think I will take over the space myself at least I can then get at things when I want to. Seems to be the only option.
Thanks for reviewing my question .
Kind regards
Terry
Expert:  propertylawyer replied 11 months ago.

Hi Terry

The highway code states that one should not Park opposite an entrance to a property but this is guidance for courtesy reasons, it is not prohibited in law.

Your option may be the best option to secure access etc to your property.

Expert:  propertylawyer replied 11 months ago.

Terry, to follow on, 156 in highway code says do not Park in passing places. Do not is a request for courtesy reasons. Only in highway code where it says must not means it is prohibited by law, you then get the reference at the end of the paragraph.

Expert:  propertylawyer replied 11 months ago.

Hi Terry

Just following up on my assistance. do you any further queries. Can I help you further. If not, please can I ask you to kindly accept /positive rate my assistance. I'd be very grateful if you could take a moment to do so.

Cheers

Customer: replied 11 months ago.
Hello.
I have reviewed your reply and concluded there is no legal option that can be taken regarding a courtesy/passing place being taken as aresidential parking place used 24/7 without regard to traffic flow or convenience. There is no purpose in continuing. I will put this down to experience!!!
Expert:  propertylawyer replied 11 months ago.

You can refer s 156 of the highway code to the person parking in the passing place however if they continue there is not much you can do about it. As I said it is not prohibited legally.

Expert:  propertylawyer replied 11 months ago.

hi Terry please can I ask you to accept/rate my answer so that I receive credit for the time I spent assisting with your query. Thanks

propertylawyer, Solicitor
Category: Law
Satisfied Customers: 270
Experience: Property Solicitor with expertise in commercial and residential property transactions.
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