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Remus2004
Remus2004, Barrister
Category: Property Law
Satisfied Customers: 70199
Experience:  Over 5 years in practice.
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I live on a private cul-de-sac comprising 4 houses. My house

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I live on a private cul-de-sac comprising 4 houses. My house in the third one in and has a turning area at the bottom of the drive servicing both my house and the fourth house in the cup-de-sac. The turning area is incorporated into my plot as defined at the land registry but is an area of joint right of way. I assume that this is a joint right of way for anyone who has a reasonable need to visit either my house or my neighbours house (the fourth!).
A tenant at the first house in the cul-de-sac has started to park in the turning area without the common courtesy to ask permission. When confronted with a civil request to cease parking there the response is that the turning circle is available for anyone to park. Can you advise what my position is here and what my options are if I wish to pursue the matter.
Submitted: 2 years ago.
Category: Property Law
Expert:  Remus2004 replied 2 years ago.
Thank you for your question. My name is ***** ***** I will try to help with this.
What are you hoping to achieve please?
Customer: replied 2 years ago.

I don't want anyone parking there unless they ask permission. I am not unreasonable but feel certain individuals are taking liberties.

Expert:  Remus2004 replied 2 years ago.

Just because there is the right of way over an area of land does not mean there is the right to park on it. Rights of way overland and rights to park a completely separate and have to be granted separately or acquired separately. If this person continues to park without objection or consent does it for more than 20 years they then acquire the right to carry on, so that is to be avoided.

Many house owners and legal expenses insurance attached to the house insurance so it’s worthwhile checking your policy because it could well be that any legal costs incurred are covered by insurance.

You can write to the neighbour or get a solicitor to write to the neighbour (in a nice way initially) sending them a copy of the Land Registry title deed and highlighting that it is merely a right-of-way not the right and you would be grateful if they stopped immediately. It hasn’t stopped within a few days of letter (there is no reason why it shouldn’t stop immediately they receive it) a further letter threatening court application for an injunction and legal costs should resolve the problem for them to take legal advice which we tell them that they have no right to do this.

As this appears to be a tenant, you also need to copy the landlord because the landlord would be subject to any litigation because he’s allowing it to happen. The letter to the landlord needs to be worded to tell him to stop the tenant doing this otherwise he’s going to face litigation along with the tenant.

Can I clarify anything for you?

Customer: replied 2 years ago.

In clarification of the final sentence of your third paragraph.

The second letter would threaten court application for an injunction AND recovery of all legal costs ? The letter would also state that they can take legal advice but have no grounds for contention based on the information provided?

Expert:  Remus2004 replied 2 years ago.
Almost.
The letter would tell them that they have no grounds to park there and any letter like this should tell them that if they don't understand the letter, they should seek legal advice.
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