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Ash
Ash, Solicitor
Category: Property Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I have a little dispute with a neighbour over parking

Customer Question

Hello
I have a little dispute with a neighbour over parking rights and before I have any further discussions with them I would like to be clear on position. Perhaps someone could help?
I own a drive and parking area to the rear of my property and my neighbour has rights, under Title, to park two cars in designated spaces on my drive. The parking space is on my land and the agreement in place grants them rights to park two cars there as well as having a right of way to get this space. My neighbour, is infact an absentee landlady and rents her house out. The property is currently empty with no tenant and therefore no one is using the spaces; I have tried to park my car in one of these spaces and have been threatened with the police. Can you clarify my position - whether I have
a right to park my car in their space, when (as is the case now) they are not using it. I have no intention of stopping our neighbours having their rightful access to the space when required but when they are in no position to use it appears that although I own the land I can not gain any benefit from it if they are not using it.
Any advice will be gratefully received.
Regards *****
Submitted: 2 years ago.
Category: Property Law
Expert:  Ash replied 2 years ago.
Hello my name is ***** ***** I will help you.
Who is threatening to call the police please?
Ash and other Property Law Specialists are ready to help you
Customer: replied 2 years ago.
Alex
My neighbour, who owns the neighbouring property (Lichgate Cottage) but rents it out to others has threatened to call the police, even though she does not have a tenant in the property at the moment.
I have tried to attach the deed of easements I have in place (the relevant one is with Lichgate on Pages 4-6). However, the web page won't allow me to attach files so can I have an email address to send it to? The agreement is silent on my rights to use her designated spaces when she is not using them. I guess she is claiming she has exclusive rights over my land?
Andy
Expert:  Ash replied 2 years ago.
Do you have a number we can chat on?
Customer: replied 2 years ago.
+44(0)7713 070622
Expert:  Ash replied 2 years ago.
Tried to call went to voicemail!
Customer: replied 2 years ago.
Apologies was on another call.
Customer: replied 2 years ago.
Alex
Following earlier message the system has now allowed me to load up the Deeds of Easement I have in place (the relevant one is with Lichgate on Pages 4-6).
Expert:  Ash replied 2 years ago.
I tried again!
Customer: replied 2 years ago.
Please try again - I have been off and on calls all morning - are you sure you are dialling 07713 070622?
Expert:  Ash replied 2 years ago.
Ok, it goes through to a voicemail for debt recovery. I will call shortly.
Expert:  Ash replied 2 years ago.
And I just tried again!
Alex
Customer: replied 2 years ago.
Alex
This a little frustrating. Can you leave me a message please and can I ring you back. Are you sure that you are getting through to me now - my VM message gives my name and the company (Adept Management - not debt management!)Can we schedule a call for 9.30Andy
Expert:  Ash replied 2 years ago.
I am in court at 10 so if we could make it at lunch?
I am sure I am calling you it says Andy and I thought it said debt management but I may have misunderstood the first word.
Alex
Customer: replied 2 years ago.
No problem - can we say 1pm?
Expert:  Ash replied 2 years ago.
Sure. If court runs over I will call as soon as I am out.
Alex
Customer: replied 2 years ago.
AlexPlease can you confirm our discussion we had on the telephone.ThanksAndy
Expert:  Ash replied 2 years ago.
Yes of course. The neighbour can't do anything, this is a civil dispute so Police wont be interested. In any event you are not stopping your neighbour from parking - if you were that would be different. But you are not and therefore there is no cause of action against you.
Alex
Customer: replied 2 years ago.
Alex,
I am looking for something I can have confidence in putting in writing as she is just the sort of woman who will instruct her solicitor/go to the Police and I would like to get a pre-emptive strike in to hopefully put the issue to bed. Could you please comment on whether the following text reflects your view point and is something I can stand behind.I would like clarify our understanding of your rights to park cars in the spaces to the rear of our property. The parking spaces are on our land, under our Title. The car parking spaces are granted under the Deed of Easement to you or your tenants and in no way does it grant you ownership of these spaces.
The parking spaces allocated to you are not for your exclusive use and nothing in the Deed of Easement implies this. At present you do not have tenants in Lich Gate and you are an absentee Landlady. Our obligations are to not prohibit you or your tenants from parking in these spaces nor obstruct you from doing so. We would never dream of using these spaces if your property was occupied with a requirement to park cars, but under such current circumstances we have every right to park in these spaces as they are unoccupied, are on our own land and we will continue to do so, albeit with due consideration to your rights. I appreciate that you pop around to your properties from time to time or have workmen maintaining them, but on no occasion have we obstructed access or egress to your parking spaces.TaAndy
Expert:  Ash replied 2 years ago.
Yes that is fine Andy!
Alex