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Buachaill
Buachaill, Barrister
Category: Law
Satisfied Customers: 10772
Experience:  Barrister 17 years experience
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I have a drive at the side of my house which leads to a

Resolved Question:

I have a drive at the side of my house which leads to a neighbours back yard. He insists on parking his car in his back yard. I bought my property three years ago. He has lived at his property 20 + years. My deeds say access rights but does not define by foot or car. On numerous occasions his car is parked on my land..the drive. He has also insisted I move my car so he can get in and out of his yard. I maintain the drive and boarders..he never has since I have lived here. He chops down the bushes that may hang over onto the driveway. please could you help and advise my rights..can I put a sign up..can I stop him from using my drive..
Submitted: 1 year ago.
Category: Law
Customer: replied 1 year ago.
I do not know whether the previous owner allowed him to access this driveway...as deceased..but I do think he has taken advantage of the property being empty before I purchased it
Customer: replied 1 year ago.
He once told me I was doing him a favour allowing him to use my drive to park in his yard!!!
Customer: replied 1 year ago.
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Expert:  Buachaill replied 1 year ago.

1. The first thing you need to realise here is that all the rights of each party in this situation flow from the fact you own the land on which the driveway is and your neighbour has a right of way over this drive. This means that your neighbour can drive over this drive to reach his own land. However, it does not give him the right to park there. Your neighbour is not under any obligation to maintain this driveway as it is yours.

Expert:  Buachaill replied 1 year ago.

2. You are under an obligation to maintain the driveway and to keep it clear of anything which might interrupt your neighbours passage over the driveway. So your neighbour is within his rights to ask you to remove anything parked there if this interferes with his right of access. His right of access is both by car and by foot. Any argument that it only includes by foot will fail, as old rights of way are interpreted in a modern setting.

Customer: replied 1 year ago.
Thank you..but do I have to leave my drive empty at all times..ie not parking my car on the drive..so he has 24hr access for his car..which means I have to park on a public road..
Expert:  Buachaill replied 1 year ago.

3. The bot***** *****ne is that you cannot stop your neighbour using your driveway as he has a right of way over it. If you do so, then legal proceedings might ensue and you will end up paying costs.

Expert:  Buachaill replied 1 year ago.

4. You cannot interfere with his free passage. This means that you cannot park vehicles on your driveway. You need to find an alternative location for them, or create an alternative space where your car can park.

Expert:  Buachaill replied 1 year ago.

5. Please Rate the answer, Suzanne, as unless you do so your expert does not receive payment for answering your question.

Customer: replied 1 year ago.
I cannot park on my own drive of which I have paid for but I can ask and put a sign to ask all not to park on it
Expert:  Buachaill replied 1 year ago.

6. That sums up the situation nicely. You cannot park on your own drive but you can put up a sign to ask all others not to park there. Your solicitor who acted in the purchase of your property should have explained the situation to you. This is a basic issue which would arise during a conveyance.

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