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JGM
JGM, Solicitor
Category: Law
Satisfied Customers: 13057
Experience:  30 years as a practising solicitor.
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I live at the end of a terrace of 6 houses which share a

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I live at the end of a terrace of 6 houses which share a private, drive which is easily wide enough for a car to drive down - the surface is unmade and there is a one and a half foot grass verge at both sides. The six houses usually get on very well and we own trust land that we jointly care for and have regular Trust meetings. One of the neighbours in the middle of the terrace has built a stone flower bed on one side of the drive and has put large stones at the other side. He wanted to deter van drivers from driving up to make deliveries and turning round, making a mess of the grass verge. Unfortunately the stones have caused damage to two different cars and I've asked him if the stones could be removed. He doesn't want to move them. Is there guidance on obstructing shared driveways that could help us to resolve this? I want to keep it amicable, but don't want to have to keep paying out for damaged bumpers!

Thanks for your question. This is the law of nuisance, either by common law and possibly referred to in the title deeds. Put simply he is not entitled to block a common driveway in whole or part, nor indeed is he unilaterally entitled to prohibit delivery vans from delivering to the residents. Your remedy is to ask him to remove the stones. This should be put in writing. If he refuses you can ask your solicitor to go to the court to ask for an order making him remove them. You could also seek the costs of such an action from him. I hope that helps. Please leave a positive rating so that I am credited for my time.

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Customer: replied 4 months ago.
Thanks for your reply. Would you be able to point me to the legislation so that I can maybe send send him a link to a website to convince him?

Thanks for your reply. Unlike a public highway there is no specific legislation for obstruction. It is a common law issue based on property Law and as I say there may also be a provision in the title deeds to the houses which specifically prohibits obstruction or more generally causing a nuisance.

Customer: replied 4 months ago.
Many thanks - fingers crossed!!