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Matt Jones
Matt Jones, Solicitor
Category: Property Law
Satisfied Customers: 671
Experience:  I am a qualified and practicing Solicitor with over 7 years post qualification experience
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Parking rights on a shared access driveway? I live in a

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Parking rights on a shared access driveway?
I live in a close of several houses. The access road is private and is clearly split on the deeds between the houses in the close; each of the plots includes a section of the access roadway. The roadway is clearly hatched on the land registry plan and is described as being for reasonable use as a roadway or footpath for all properties in the close.
I own a substantial portion of this shared access roadway and my neighbour is parking cars on the section specifically owned by me. They claim that they have the right to do so. Is this true?
Submitted: 1 year ago.
Category: Property Law
Expert:  Matt Jones replied 1 year ago.
Hi I will try and help
Expert:  Matt Jones replied 1 year ago.
the important question here is what rights of parking were granted at the time of the transfers. Usually there is a right to go back and forth, but this is tempered by a right to park in specific areas and also a restriction not to obstruct or block area do such rights / restrictions exist in the transfer?
Customer: replied 1 year ago.

I can send you the map and the schedules if I know where to send them. It will take a while to type it all in here (but I can do so if needs be)

Expert:  Matt Jones replied 1 year ago.
You can attach the documents to this conversation by clicking the paperclip
Customer: replied 1 year ago.

OK - are the open to anyone to view however?

Expert:  Matt Jones replied 1 year ago.
IN addition, and if this is interest, we can have a chat over the phone for an additional fee. this may clear things up quicker for you . i will send you the offer and you can have a think
Expert:  Matt Jones replied 1 year ago.
When you say for anyone to vie, do you mean the public?
Customer: replied 1 year ago.

Yes! - In other words, the relevant neighbour!

Expert:  Matt Jones replied 1 year ago.
Well this conversation is not public, however the deeds and plans are public record anyway. Anyone can get them form the Land registry
Customer: replied 1 year ago.

Thanks Matt,

I understand the deeds are publicly available but obviously the deeds in conjunction with this conversation would potentially be a damper on good neighbourly relations (they are generally very good).

So I have attached the documents and the map here for clarity. I'll send the map first and the document next (it's a bit bigger)

Customer: replied 1 year ago.

And the document...

Attachment: 2015-06-11_091401_part_transfer_deed.pdf

Expert:  Matt Jones replied 1 year ago.
One question before I begin, are the roads adopted by the council?
Customer: replied 1 year ago.

No.

Expert:  Matt Jones replied 1 year ago.
I cant be sure from the plan, is there any other "communal parking" on the estate?
Expert:  Matt Jones replied 1 year ago.
what I mean by that is there a specific "visitors parking", or similar area?
Customer: replied 1 year ago.

No, there is no communal parking. I think the deeds are a developers document and intended as a one-size-fits-all for their various projects.

There is no marked visitor parking at all. The spot I've marked on the map is generally regarded as a turning area.

Expert:  Matt Jones replied 1 year ago.
OK thanks. ON a brief view of the documents it appears there are a few issues that, if this matter went before a judge, could occupy a court for while. Firstly (and assuming the Deed if the same for all plots) there is right, as you have pointed out, for the use of the access road "for all reasonable purposes".This is not limited to simply access and so there could be an argument that reasonable purposes could mean parking. On the other hand in the 3rd Schedule, at clause 4 there is an obligation not to obstruct the road or access-ways.The difficulty is that by the look of things, by parking in that area he would not be "obstructing" the full access road. Therefore he could argue (and there are precedents that would back him up) that he is not in breach as he is not obstructing. I would have much preferred a "no parking" restriction. i am afraid I don't hold a great deal of confidence if you arguing this with him. The best argument would be that the right of way doesn't stretch to a right to park. I am sorry this may not quite have been the advice you require but I hope it has helped shed light on the situation.
Expert:  Matt Jones replied 1 year ago.
Do ask follow up question if you wish, or if happy then leave me positive feedback so I can be paid for my time. The question wont close and you can always come back if you think of further questions down the line
Customer: replied 1 year ago.

Hi Matt,

thanks for this. So if I understand correctly the fact that the bit in question is actually my property makes little difference? By parking there he is denying me my right to (an admittedly small) portion of my property, but that's of no matter (or it's one of the things that could occupy the court for a while).

So I intend at some point to build a garage on the right hand side of my house as seen on the plan. Largely why this is something I want to understand. Surely then, parking in the spot shown would most definitely obstruct access (and would still be parking on my property) etc. etc.?

Expert:  Matt Jones replied 1 year ago.
The fact that you own it is secondary to the rights granted over it. The argument is does the right extend to parking. There are two other extraneous factors that may come into play (1) it appears, in the way it was drafted, that it may have been envisaged that the roads would be adopted at some point in the future, meaning that there may have been an intention that anyone would have been able to park on the road.this may influence a judges decision and (2) there is reference to "communal parking",which may or may not include the roadway, as there is no specific definition of where this would be. As to the of the garage this may be an obstruction for your new garage, and again may find traction with a Court but as this is post grant of the right I could not be certain on the outcome and how a Court would determine which has precedence
Matt Jones, Solicitor
Category: Property Law
Satisfied Customers: 671
Experience: I am a qualified and practicing Solicitor with over 7 years post qualification experience
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