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propertylawyer, Solicitor
Category: Property Law
Satisfied Customers: 288
Experience:  Property solicitor with expertise in commercial and residential property transactions.
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I have a shared access in front of my drive. In my deed of

Customer Question

I have a shared access in front of my drive. In my deed of conveyance, it says that a piece of that shared drive falls under my property. Though the piece belongs to me, it says the shared drive should be kept free at all time.
Now my neighbour son (who is now leaving with him) parks his van on part of my piece of the shared drive. I have talked to him as neighbours, but he still parks his van there. This is an obstacle when I want to drive into my property and it obstructs my view.
Please, what can I do?
Submitted: 1 year ago.
Category: Property Law
Expert:  propertylawyer replied 1 year ago.

Do you have a copy of the title deeds?

Customer: replied 1 year ago.
I do.
Expert:  propertylawyer replied 1 year ago.

Please upload. Can't advise without sight of deeds.

Customer: replied 1 year ago.
I will upload in the evening after work. Say around 7pm. Thanks.
Customer: replied 1 year ago.
Here are photos of the deeds. Kindly inform me if anything else is required.
Expert:  propertylawyer replied 1 year ago.

Thanks. ***** cannot read the text but can see the plan clearly. I presume that the parking is inside of the red line indicating the boundary of your property but on the shaded part indicating the shared access?

If the deeds say that parking / obstructing is prohibited thren the neighbour is in breach, assuming that the covenants are also on his title.

It may be possible to get the court to grant an injunction to prevent the parking from continuing, there is a cost involved and you may not be able to recover the cost from the neighbour.

You may wish to, in the first instance, obtain a copy of the neighbour's title deeds, highlight the appropriate restrictive covenant not to park/obstruct and kindly request that it ceases with immediate effect. you may also warn the neighbour that you can obtain a court injunction to stop the parking/obstruction if it continues.

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Customer: replied 1 year ago.
My apologies for the absence, as I have been working away.
Definition 6 on the deeds says: The right for owners and occupants of plot numbers 84,85+86 to use at all times and for all purposes the part of the driveway coloured brown annexed here to which forms part of the property subject to the payment of the proportionate expense of maintaining and repairing the same and keeping the same free from obstruction.
Please can you interpret this for me.