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F E Smith
F E Smith, Advocate
Category: Law
Satisfied Customers: 15737
Experience:  I have been practising for 30 years.
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May I firstly ask, this is not public for all to see? I’m in

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Hi Pearl, May I firstly ask, this is not public for all to see?
JA: Where are you? It matters because laws vary by location.
Customer: I’m in County Durham
JA: What steps have you taken so far?
Customer: Tried discussing with neighbour and sent a letter via a local solicitor but neighbour feels her right and she will continue to do so
JA: Anything else you want the Lawyer to know before I connect you?
Customer: it’s in respect of an easement, I just want legal clarification as neighbour feels she will drive all over my property which not in easement and acting as if all hers and we are to tip toe around her. I’m becoming quite anxious and not sleeping fretting about this

Good morning. I will assist with your question - be aware this is an email not chat service.

this is a public site but no names are ***** ***** seen.

can you give me all the background to your question - thanks

Customer: replied 17 days ago.
Good morning, we purchased the property 5 years ago and it came with an easement which gave access to our neighbour if she needed to be in garage or garden. She was not permitted to park on the drive though. Over the last year, she started to park there in which we asked her not to. She can park in the garage but not our drive. She said she will as it’s her right. She also has parking at the front of her property so in hindsight has no need to park down our drive. Neighbour still continued so we sent a letter via a solicitor outlying rule if easement and that it clearly states no parking. She replied with I will continue to park there as it’s her right. We didn’t reply. She then took down her garage and has since made it into a large parking area for 2 cars. Her boyfriend now brings his work vehicle down the drive and parks as well as herself leaving there other car at the front. We are unable to park at the front as it would block access to the drive so we have to park ours vehicles down there. The area is huge and yet my neighbour feels she has right to come onto the garden to turn her car. My husband feels we need to not park our cars on our drive to allow her to do what she wants. I have photos to show clearly that there is no need to go onto our parking area as well as garden. I feel sick as I feel my home isn’t mine
Customer: replied 17 days ago.
I have an appointment to go to but May I ring later today please

Presumably, your solicitor has looked at all the documents and agrees that she doesn’t have the right to park on the drive. She would only acquire that right, if it’s not documented, if she had done it without consent and without objection and not in secret for more than 20 years. That would include any period of such use by a previous occupier.

If she is simply ignoring what the solicitor has said, your only remedy now is an application to court for an injunction to compel her to stop doing this and if she ignores the injunction, then you call the police and she gets arrested. I don’t whether your solicitor has already threatened that but it should have been threatened in the first letter. Don’t waste time on copious correspondence, there just needs to be one threat and then, if it continues, the injunction application and an application for legal costs.

Check your house insurance to see if you have legal expenses cover that would pay for the legal cost of taking this to court.

Can I clarify anything else for you?

I am happy to answer any specific points arising from this.

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Thank you.

If you still need any points clarifying, I will still reply because the thread does not close.

Best wishes.

FES

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