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.
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?
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.
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?
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.
Can I assist any further?