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Thomas
Thomas, Solicitor
Category: Property Law
Satisfied Customers: 7626
Experience:  UK solicitor holding an England and Wales practising Certificate.
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Hi I live at the end of the cul-da-sac so the last house of

Customer Question

Hi I live at the end of the cul-da-sac so the last house of four. To gain access to my drive you pass the other neighbours property. As I am the last house there is a turning circle on my next door neighbours property that I can use and within my deed workman etc can park there if undertaking work but mine never do.
The situation is that my next door neighbour disputes this and is very rude to myself and any person whose car/van my overhang my driveway when parked infront of my garage. If a longer van parks outside my garage it will overhang what is potentially his property as the drive is the length of a large family car only. They are rude and obusive and use fowl language to workman that may overhang his property by a foot even though it does not block his access to his property front door or drive in any way.
We will soon be having a new kitchen and drive way as ours has cracks that need sorted and I think this could cause severe problems and embarrassment to the workman also. Is there anything that I can legally do?
Regards
Amanda
Submitted: 3 years ago.
Category: Property Law
Expert:  Thomas replied 3 years ago.
Hi,

Thanks for your question.

Are they threatening to restrict the access somehow, or are you just worried about them being abusive?

Kind regards,

Tom
Expert:  Thomas replied 3 years ago.
Hi,

Are you able to respond to the above post in order that I may provide you with an answer please?

Kind regards,


Tom
Customer: replied 3 years ago.
Relist: I still need help.
Sorry I was on holiday last week. The neighbours are very abusive to any delivery drivers and us and only when it suits. for instance if a royal mail driver delivers who they know they won't say anything but if someone else they are terrible.
Expert:  Thomas replied 3 years ago.

Hi

Thank you for your question and patience, I’m Tom and I’ll try to help you.

If you and the workmen have a legal easement entitling you to use part of your neighbour’s property for access then they should not legally deny this to you.

If they do then you can apply to court for an injunction ordering them to allow you access and they would be in contempt of court if they then subsequently refused access.

If they are abusive to you or your agents (ie. workmen) then you would have the option of calling the police. They might come round and have an informal word with your neighbour simply for the purpose of community relations. Unless the abuse is constant and severe they are not likely to arrest.

If they persist in abusing though you can apply to court for a non-molestation order requiring them to cease the behaviour.

I would write a letter to the neighbours in sober reasonable fashion drawing their attention to the legal right of access that you have. State that you propose to continue to use the access in the legal way and ask for them to permit your legal right to do so. State that if this is denied then they will leave you no option but to consider court proceedings.

You should then monitor the situation by keeping a diary and taking photos of any further infractions to assist in any claim you might then choose to issue.


My goal is to provide you with a good service. If you feel you have received anything less, please reply back as I am happy to address follow-up issues specifically relating to your question.


Kind regards,


Tom