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Ash
Ash, Solicitor
Category: Property Law
Satisfied Customers: 10915
Experience:  Solicitor with 5+ years experience
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I own a private road that provides access to 6 residential

Customer Question

I own a private road that provides access to 6 residential properties. One resident recently demolished her garage and replaced it with a summerhouse. She now parks her 2 vehicles on my road causing severe obstruction to the other residents. This has also caused damage to the surface of the road due to large vehicles (council refuse) having to use the weaker far extremes of the road. This has resulted in the road edges sinking where vehicle have to avoid her cars. I am fearfull that any emergency services vehicle will not be able to attend an incident due to this obstruction. Can I do anything about this? If so what? I intend to put up NO Parking signs but how can I enforce this? Can I clamp the vehicle parking on my land? My deeds (and hers) state that she has to pay a proportion of the maintenance (as do all resident using my road). I have lived there for 15 years and have never taken any maintenance money from any of the residents. There have been no easements regarding parking as all residencies have or had adequate off road parking facilities ajoining their properties.Kind RegardsCustomer/p>

Submitted: 2 years ago.
Category: Property Law
Expert:  Ash replied 2 years ago.

Alex Watts : Hello my name is Alex and I will help you with this. Please note that I am a working Solicitor and may be on and offline as I have to attend Court and meet with clients, even at weekends. As such you may not get an instant response when you reply, but rest assured I will be giving your question my immediate attention upon return You do not need to wait here as you will get an email when I reply.
Alex Watts : Have you asked her to stop parking on your road please? Have you said you own it and you do not give permission?
Customer :

We have a sepearte boundary dispute after she removed a mature boundary (our boundary) privet hedge. She reported me to the police for harassment and I have been advised by them not to communicate with this woman. I have not harassed her in the slightest, but because she removed the hedge I sent a stern e-mail requesting the reason why she'd removed it and trespassed while doing so. This in her opinion constituted harassment.This is part of her normal behaviour and she is a nightmare to live next to. We have live as neighbours for the last 15 years. She recently has installed a new "Live In" partner who now has erected a sizeable summerhouse on land formerly occupied and used as a garage

Customer :

She used the garage for parking, but now the summerhouse is in the position, she merely parks on our road. There are 2 vehicles (hers and her partners) that obstruct the road. One of the other residents is a Fireman and we also have a Policeman who have a right of way over the road. They have complained to me about her parking and have said that as the owner, I have a duty of care to provide access for them and any emergency services that may need to use the road and attend incidents.Her parking is also obstructing the council refuse vehicles and these weighty lorries have gradually started to damage the road surface where they have diverted around her vehicles. As I cannot communicate with her for fear that she accusses me of harrasment now, I want to erect signage which stipulates "Private Road - Stictly NO Parking" on the road. Can I do this? If she ignores the signs, what the legal options open to me? Can I clamp her? Can I engage an parking enforcement company to manage this situation on my behalf?

Customer :

I work abroad and all of this started while I was in South Africa for 18 months. My wife arrived back to find that our hedge had been replaced with a horrible wooden lap fence. Then she and her partner harassed my wife for the romval of a tree in our rear garden. This has escalated to the point where she and her partner are denying my wife and I access to our own property as we have a right of way over the front of her property. I have now returned and I'm currently in the process of addressing all of the issues. The road and obstruction is just one of many that she has caused, and with the removal of the garage, she obviously has no intention to stop parking where she does. She obviosly also thinks that she has a right to park on my road. I intend to erect signs and have started a dialogue with the borough council to erect a sign attached to the road name sign. I will if needs be, erect concrete bollards on the road to prevent any parking but I need to understand my legal stand point urgently. As you'll appreciate, this is not an ideal situation, and my wife is totally distressed by it all. This woman has been, and still is a complete nightmare to live next to. decorum prevents me to embelish further, but suffice to say, this situation is the final straw over many years. I look forward to recieving advice urgently on potential next steps. My name is Kevin by the way! Hello Alex

Alex Watts :

ok - you need to get a Solicitor to write and set out that you own it and you do not want her on your land otherwise you will go to Court/

Alex Watts :

If she refuses then you can seek an injunction but I would suggest through your Solicitor given the history

Alex Watts :

They need to complete form N1 http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n001-eng.pdf

Alex Watts :

And N16a http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n016a-eng.pdf

Alex Watts :

The forms will be served upon the Defendant and the matter will be listed at Court.

Alex Watts :

The Judge will then decide whether to make the Order outright there and then, set the matter down for a further hearing or dismiss it

Alex Watts :

But once the injunction is made and if breached the neighbour will be in contempt of Court for ignoring a Court Order

Alex Watts :

The Judge can then warn, fine or send the neighbour to prison

Alex Watts :

But the first step should be a Solicitor letter as this may resolve your issue

Alex Watts :

Can I clarify anything for you about this today please?

Customer :

Am I entitled to erect signs informing everyone that it's a private road and there is no parking? can I do this prior to engaging the services of a solicitor? I need to do something urgently and any judge may consider that with no signage, there may be a shade of grey!! She will ingore the signs and I know she will. This is her nature. Then we could take photographic eveidence to support the solicitor in gaining and injuction? How do we stand on this?

Alex Watts :

Yes but you may need planning permission for the signs. But you can do this subject to any planning

Alex Watts :

But if your Solicitor writes and say no parking or else, this can not be disputed

Alex Watts :

Does this help?

Customer :

Why would I need Planning permission on a private road? There are 2 BT telegraph poles and a Highways Agency lamp post et the end of my road. Could I nor either 1, attach my signs to these structures with the relevant permission granted of course. 2, place my signs on poles (ON MY Road) next to theses structures. 3, place the signs in such a position that the physically prevented these 2 vehicles from being parked there. This would not restrict access for any of the residents by doing this, just prevent parking on my road.. I can't see why on earth I would need planning permission or consent when the road is mine and has not been adopted. I would of course use standars sized signage and erect them to a safe height as not to cause a potential health risk or further obstruction.

Alex Watts :

You may need planning permission - you need to check with the Council. You are erecting something.

Alex Watts :

It is possible as I know for adverts you need permission, but check with the Council anyway

Alex Watts :

You dont want to put them up to have this neighbour complain to the Council

Alex Watts :

Does that help?

Alex Watts :

If this answers your question could I invite you leave feedback on my service which I hope has been excellent today, if you need more information or help then please click reply.

Please remember that I am always happy to help if you have future questions, even if I am in Court I can normally respond within a few hours. For future information, please start them with ‘For Alex W’.

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