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Ask F E Smith Your Own Question
F E Smith
F E Smith, Advocate
Category: Law
Satisfied Customers: 9330
Experience:  I have been practising for 30 years.
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I am having severe difficulties with my neighbours

Customer Question

I am having severe difficulties with my neighbours constantly and deliberately blocking access to my drive. I have tried to reason with them but they just become abusive. They are tenants so I approached the landlord which has turned out to be fruitless
We have a severely disabled daughter and need constant access to our property for ambulances etc. The police are not interested so I am looking now to see if there is a civil action I can take against the tenants and their landlord. Please help!!
Submitted: 9 months ago.
Category: Law
Customer: replied 9 months ago.
I thought this pic may help I have around 200 this has been going on for nearly a year now
Expert:  F E Smith replied 9 months ago.

Is this a shared drive or is it owned by you? Who has the right-of-way over it?

When you tackle them about parking the car there, do they move it or ignore your request?

Expert:  F E Smith replied 9 months ago.

Provided there is no right to park on the drive and it is either owned by you and the neighbour has access over it or it is owned by the neighbour and you have access over it, then the neighbour parking on it and denying you access, it is substantial obstruction and is enforceable through the county courts.

Clearly, the tenant is taking no notice of you and hence you might want to do is to get a solicitor to write to both the landlord and the tenant threatening court application if the occupier continues to obstruct your access. It doesn’t matter that you want access 100 times per day, they are not allowed to block it.

The letter from the solicitor would threaten an application to court for an injunction to “cease and desist” from parking and would threaten an application for the substantial court costs and solicitors costs involved in making the application for the injunction.

Provided there is no right to park and it is, as I said, either owned by you and the neighbour has access over it or it is owned by the neighbour and you have access over it, then the neighbour and the landlord would be ill-advised to go to court because they will lose and get legal costs awarded against them.

Your action being threatened would be against the tenant for doing it and the landlord for allowing it to happen. Fortunately, you have lots of photographs (hopefully with dates) which can prove that this is an ongoing substantial obstruction.

Can I clarify anything for you? Please rate the service positive so that I get paid. We can still exchange emails. Best wishes. FES.

Customer: replied 9 months ago.
Can i apply to the course tutor court myself for an injunction or does that have to be done by a solicitor?
Customer: replied 9 months ago.
The obstruction they are causing is not a shared drive way it is a road in culd a sac the condition of which is severely liable to the property owners
Customer: replied 9 months ago.
Sorry I ment county court not course tutor
Expert:  F E Smith replied 9 months ago.

2 questions.

Do you have a right of way over this area?

Does their parking obstruct your right-of-way?

If so, then you have cause of action.

It’s difficult to tell from the photograph what they’re actually blocking this but presumably, it stops you accessing the area in the foreground which looks like a parking space. Is that the case?

If it is the case, that they are doing something which they should be doing or causing obstruction to you, this then you can take action. You can’t take action if they are on a public road for example and parking outside your house unless they are parking across a dropped curb.

If you want to apply to yourself, you need to threaten them with the court application and if they haven’t complied by the deadline, make the application. You don’t have to use a solicitor unless you wish to. The court form is N16A and you might want to ring the court because some judges also want form N1 at the same time. The court fee is £255.