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Aston Lawyer
Aston Lawyer, Solicitor
Category: Property Law
Satisfied Customers: 10353
Experience:  LLB(HONS) 23 years of experience in dealing with Conveyancing and Property Law
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I live in a property with a shared driveway, The middle house

Resolved Question:

I live in a property with a shared driveway, The middle house of three, the title deeds have a covenant which states that nobody can park on the shared access area. We also each own the section of driveway in front of our houses. My neighbour is parking on the shared driveway directly outside my house, on our property as according to the tittle deeds. He is not technically causing an obstruction because we can get past but what can we do to have the car removed?
Submitted: 2 years ago.
Category: Property Law
Expert:  Aston Lawyer replied 2 years ago.

Hello and thanks for using Just Answer.

I am Al and am happy to assist you with your enquiry.

Legally, you could take him to Court for breaching the covenant, but you won't want to be spending thousands of pounds doing this.

Therefore, on a practical basis, and on the basis that you don't want to create a neighbour dispute, I can only suggest you do a polite letter explaining that he is in breach of his covenant not to park on the driveway and that his actions are causing you inconvenience.

I will leave it to you whether you also add that you have taken legal advice and if he does not stop parking on the driveway, you will have no alternative but to issue Court proceedings and request the Court to make him liable for your costs.

Sadly, with these type of issues, there is no easy and cheap legal solution, and you will need to try and resolve matters amicably.

I hope this assists and sets out the legal position.

Kind Regards

AL

Aston Lawyer, Solicitor
Category: Property Law
Satisfied Customers: 10353
Experience: LLB(HONS) 23 years of experience in dealing with Conveyancing and Property Law
Aston Lawyer and other Property Law Specialists are ready to help you
Customer: replied 2 years ago.

Unfortunately, I don't think the sensible approach will work. I understand what you are saying about the court proceedings in relation to the covenant but what about the fact that it is actually on my property? Would I be legally entitled to have the car removed?

Expert:  Aston Lawyer replied 2 years ago.

Hi Debbie,

Thanks for your reply.

If his vehicle is on your proeprty, then he is guilty of trespass which is both a civil and criminal offence. A civil ofence is what needs to be resolved via Court proceedings and

will be expensive.

As it is also a criminal ofence, in theory, the Police should step in. In practice, the Police won't get involved in disputes of this nature as they will turn round to you and say "it is a civil offence". Only if there is a potential breach of the peace, will the Police get involved. You can always ask them to intervene and have a quiet word with your neighbour-they may be obliging and will of course be the quickest and cheapest solution.

Hope this helps.

Kind Regards

AL

Customer: replied 2 years ago.

Thank you for that. As I also mentioned, what if I informed him that I would have the car removed? If he still failed to move it, could I legally do that?

Expert:  Aston Lawyer replied 2 years ago.

Hi Debbie- sorry I didn't answer this previously.

However daft it sounds, you are not permitted to remove his car without the possibility of you being prosecuted for theft!!

You would have to take legal action to seek a mandatory injunction forcing him to remove it in the civil Courts.

Sorry I can't give you the answer you were looking for.

AL

Expert:  Aston Lawyer replied 2 years ago.

Hi Debbie,

Can I assist any further?

Kind Regards

AL

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