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F E Smith
F E Smith, Advocate
Category: Law
Satisfied Customers: 9871
Experience:  I have been practising for 30 years.
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I Live with my girlfriend who owns a house with a shared

Resolved Question:

I Live with my girlfriend who owns a house with a shared drive way, our neighbours who have lived there for less than a year & rent the property have had a car parked on the drive way for over two months now, about a month ago i needed to do some work on my car i asked them three times prior to wanting to get on the driveway but on the day the car was still there so the following day had to go elsewhere to get the job done what are our rights in this matter
Submitted: 1 year ago.
Category: Law
Expert:  F E Smith replied 1 year ago.

Under the Access to Neighbouring Land Act, you are entitled to reasonable access over a neighbours property for any work required to “preserve (maintain) your property.

Further, if the driveway is shared, there is the right to go over it for access, but there is rarely a right to park on it if parking obstructs your access to go in and out, even if you don’t need to go in and out.

The problem is that they have as much right to park on the drive (probably none at all but that would depend on the wording of the deeds) as you do. And hence, whilst your girlfriend could take them to court to stop them parking on the drive or to give access to enable her to main in the property, she couldn’t take them to court to get the neighbours to move the car so that you could park there.

A solicitors letter threatening an application to court for an injunction and legal costs may lead to the car being moved without the necessity of going to court.

If you can attach the deeds to the house or let me have the wording of the right to use the drive, I can tell you whether they or youwould be allowed to park on it.

Can I clarify anything for you?

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We can still exchange emails.

Best wishes.

FES.

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