How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask F E Smith Your Own Question

F E Smith
F E Smith, Advocate
Category: Law
Satisfied Customers: 9032
Experience:  I have been practising for 30 years.
Type Your Law Question Here...
F E Smith is online now

There is a one vehicle lane at the back of our terraced

Resolved Question:

There is a one vehicle lane at the back of our terraced property, allowing all of us access to park privately. The top end of the lane is a dead end. Most neighbours are corteous and allow everyone else freedom of access. One neighbour that lives 2 door down from us, where we have to pass to get to our property is always parking his vehicle overhanging the lane. He has a garage but does not park in it, he chooses to park alongside it which makes it very awkward for us to get past safely.
The lane has a dry stone wall running on the far side of it, and we have burst tyres more than once in trying to squeeze back out of our property to get past him without damaging his vehicle. Now, after 25 + years of struggling past, my partner has bumped the side of the neighbours van in trying to avoid another burst tyre and the neighbour has presented him with a bill for a brand new rear wing ( plus labour costs etc)
Can anyone tell me where we stand legally? The deeds do not mention anything along these lines as the houses were built in 1885 before this kind of problem existed.
Thank you for your time,
Submitted: 10 months ago.
Category: Law
Expert:  F E Smith replied 10 months ago.

Do you want an answer with regard to the parking with regard to the damage or both?

Why have you been under sufferance regarding this for 25 years? How many people are affected by the selfish actions?

Every time he parks there and you can’t get past, have you ALL ever thought of knocking on the door and asking him to move?

How many burst tyres have there been within the last 6 years and do you have receipts for those and have you ever put him on notice of that damage?

If this were to become litigious, how many people would contribute towards any legal costs?

Do you have any legal expenses insurance attached to your house insurance that could pay for the cost of any litigation?


Customer: replied 10 months ago.
The reason no one has ever made a claim against him and his family is they are very aggressive. You have to drive up but reverse down the lane...When we knock the door to ask him to move no-one answers...if we park behind him when he blocks the lane and leave our vehicles there in order to get to our property ,with shopping etc, he will come & knock and expect us to move asap. No one has ever made a claim against him for the two burst tyres in the last year as he and his family are quite aggressive. Two people would contribute towards litigious costs, I'm not sure about the house insurance expense issue - I will contact my insurers tomorrow to clarify.
Expert:  F E Smith replied 10 months ago.

They become aggressive, call the police.

This is common law nuisance and obstruction. It’s a private lane so the police will not be interested.

It is a nuisance if it is literally, in the normal English dictionary sense of the word a nuisance. It is.

It is obstruction of your right-of-way is the obstruction is substantial and I think that in view of the burst tyres, he would struggle to prove that this parking was not obstruction.

You can apply to court for an injunction (having first threatened him of the pending application) to prevent him parking there and to us the court to award costs against him in respect of the application. To support the application you are going to need photographs and measurements of the width of the lane and how much is being taken up and how much is left and the width of cars and how the damage is caused on the stones. If you have photographs of the damage, so much the better.

The solicitors letter would hopefully avoid the risk of going to court but sometimes, people like this think they are above the law. If he simply ignores it, you are faced with taking him to court to get that injunction. If you get the injunction and he continues to park, then it does become a police matter because he is in breach of the injunction and hence, contempt of court which is a criminal offence for which he is liable to be arrested.

If several of you fund any litigation, it will divide the cost although anyone who doesn’t contribute will still get the benefit of your litigation.

Your partner needs to report this accident to the police and must do so within 24 hours because to fail to do that is a criminal offence. It carries an endorsement points. If that time is running, call the police now. It’s important to get it on the record. The police will not be involved unless the neighbour reports it but he may just be a smarty-pants and do it. If he does it, irrespective the incident, the police will expect your partner to do it.

If he claims for the cost of the damage from you, counterclaim for the cost of the two tyres.

F E Smith, Advocate
Category: Law
Satisfied Customers: 9032
Experience: I have been practising for 30 years.
F E Smith and other Law Specialists are ready to help you

What Customers are Saying:

  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
< Previous | Next >
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C.
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther

Meet The Experts:

  • Jo C.

    Jo C.


    Satisfied Customers:

    Over 5 years in practice
< Previous | Next >
  • Jo C.'s Avatar

    Jo C.


    Satisfied Customers:

    Over 5 years in practice
  • Ben Jones's Avatar

    Ben Jones

    UK Lawyer

    Satisfied Customers:

    Qualified Solicitor - Please start your question with 'For Ben Jones'
  • Buachaill's Avatar



    Satisfied Customers:

    Barrister 17 years experience
  • Max Lowry's Avatar

    Max Lowry


    Satisfied Customers:

    LLB, 10 years post qualification experience
  • UK_Lawyer's Avatar



    Satisfied Customers:

    I am a qualified solicitor and an expert in UK law.
  • Kasare's Avatar



    Satisfied Customers:

    Solicitor, 10 yrs plus experience in civil litigation, employment and family law
  • Joshua's Avatar



    Satisfied Customers:

    LL.B (Hons), Higher Prof. Dip. Law & Practice