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tdlawyer
tdlawyer, Lawyer
Category: Property Law
Satisfied Customers: 1096
Experience:  Lawyer with 9 years experience of advising on property issues.
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I live in a residential close with narrow roads all houses

Resolved Question:

I live in a residential close with narrow roads all houses have garages and drives for parking. The neighbour opposite has a large commercial van with a small digger in tow. He has two cars parked on his drive so he parks his van outside his house which means the digger is opposite our windows and it is difficult to get our car out of our drive. It also means it is on the corner of the close which means turning left into the close is obstructed. Is he allowed to park a commercial digger and his large van in such a small close and not use his own drive space?
Submitted: 3 years ago.
Category: Property Law
Expert:  tdlawyer replied 3 years ago.

tdlawyer :

Hi thanks for your question. My name is XXXXX XXXXX I can assist with this.

tdlawyer :

If he is causing an obstruction, then this is something that would enable you to take action.

tdlawyer :

In particular, you could report this to the police if it's on the public road as this is a road traffic offence.

tdlawyer :

It is also something you would be able to take action in the county court for - this may amount to a "private nuisance".

Customer:

He also parks up on the pavement because his van is so large. THE AREA DOES NOT ALLOW CARAVANS IN DRIVEWAYS, I thought diggers weren't allowed to be parked residentially.

tdlawyer :

There is no top-level law that says diggers cannot park residentially, so it comes down to the common law and whether there is a nuisance due to the obstruction. If you have the benefit of land covenents which prevent the use of non-residential use of the properties, or non-residential vehicles/caravans etc., then you should be entitled to rely on those.

Customer:

OK. Thank you.

tdlawyer :

You're welcome. Is there anything more about this you would like me to focus/comment upon?

Customer:

Does private nuisance include waking up to a large digger outside my window every morning or is that too petty?

tdlawyer :

You can't claim for a "bad sight". But if he wakes you up with it, and it's a noisey thing, then you would be able to say that's part of an action for "private nuisance".

tdlawyer :

If it wakes many people up, then it could be a criminal offence, as this could be a public nuisance.

Customer:

ok thanks, XXXXX XXXXX questions. Bye

tdlawyer :

Do you mind if I ask whether you're happy with the service this morning please?

Customer:

Yes, I'm happy, thank you.

tdlawyer :

Thank you! Have a great weekend.

tdlawyer and 2 other Property Law Specialists are ready to help you

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