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Ash
Ash, Solicitor
Category: Law
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Experience:  Solicitor with 5+ years experience
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Am I entitled to tow away my neighbour's car? He has parked

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Am I entitled to tow away my neighbour's car? He has parked his car for years, under a SORN. It is on our shared drive (which on the Land Registry plan has a dotted line down the middle). His car is parked partially on my section of the drive, which blocks access to my garage. I need access to my garage, but he is refusing to move it. Can I give him notice, and tow it onto the road? Or can I tow it away to a storage place?
Submitted: 1 year ago.
Category: Law
Expert:  Ash replied 1 year ago.

Hello my name is ***** ***** I will help you.

Just to be clear, you both own the drive?

Alex

Customer: replied 1 year ago.
the land registry plan shows a line down the middle - we are both reaponsible for the upkeep of the shared drive and we each have a garage. He is blocking mine.
Expert:  Ash replied 1 year ago.

Ok, then no you can't tow it. He and you have a right to use it.

What you can do is get a solicitor to write and ask him to move it or say you will get a court order. If he refuses then you can issue proceedings using form n1

http://s3-eu-west-1.amazonaws.com/hmctsformfinder/n001-eng.pdf

And n16a

http://s3-eu-west1.amazonaws.com/hmctsformfinder/n016a-eng.pdf

The court will list the matter for hearing and decide whether to make the order getting him to move it. If the court makes the order and he refuses this is contempt of court which he could be warned, fined or sent to prison.

Can I clarify anything for you about this today please?

Alex

Customer: replied 1 year ago.
Hi Alex - if we both have a right to use the drive, doesn't that mean I have to have a right of access to my own garage, i.e. that he can only use the drive for access, not parking? He has effectively put up a gate, with a lock and key and not given me the key. Is he allowed to do that?
Expert:  Ash replied 1 year ago.

Yes it does, but that does NOT mean you can tow it away. Thats where the difficulty is.

Does that clarify? Alex

Expert:  Ash replied 1 year ago.

If this answers your question could I invite you rate my answer 3, 4 or 5 starts before you leave today.

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Customer: replied 1 year ago.
Hi Alex
Thanks. I can't tow it, and he won't do it voluntarily. So what are the chances that I would get a court order awarded? On what grounds can I make a claim that will be enforceable?
thanks
Moira
Expert:  Ash replied 1 year ago.

I think the Court order will be granted. Its a shared drive, you are meant to have shared access. You cant do that whilst the neighbour is PARKED there.

Does that clarify? Alex

Ash and 2 other Law Specialists are ready to help you
Customer: replied 1 year ago.
Ok great, thanks Alex. I'm one stressed out cookie, and that's really helpful.
All the best
thanks
Moira
Expert:  Ash replied 1 year ago.

Happy to help Moira. Alex

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