Parking

[mysteryman]

Hi All,

This may not be the appropriate forum, but here goes:

We have a Persimmon house built 2003 but which we bought as an ex-show house in 2006 when the estate was nearly finished. There is a garage plus what we were told was parking for two cars around the back of our house in the rear entry. This gives right-of-way access to garages further along, including to some 'affordable' housing. Our deeds show perfectly clearly that we own the land from our boundary wall to the centreline of the right-of-way.

The parking for the Sales office was the far side of our entry, and we were told that two further houses would be erected there as the site was completed. Persimmon actually built three houses in this space, and the guy in the nearest house has been using what I believe to be one of my parking spaces, in the area which is definitely our property. I have written to him twice asking him not to park there, going into details of land ownership, rights of way etc. He responded to neither letter.

His car was there again by 6.00pm yesterday, but I did not have time to write again last night. I saw him this morning and challenged him. He said that [A] it is not my property, which is untrue, and that it is not a parking space, so I pointed out that if that were so, he shouldn't be on it anyway! He said that the tree in front of his car needs attention which I should be providing, so I said that was none of his business either, although it is indicative that he recognises that it is our land.

The problem is compounded by the fact that our car has been collided with four times when parked at the front of our property, the last time being a complete write-off by a hit-and-run. We lost out badly on this as you can imagine, and this information was included in my second letter to our neighbour, as the reason why we wish him not to use our parking.

He shows no evidence that he will be reasonable, so I told him that I will take legal advice and come back to him.

Help!

 

[rjm2k]

So take legal advice, if it's clearly your land and he's not taking any notice of you then get a solicitors letter telling him to stop or else (or else what I don't know but afaik he is tresspassing).

Is there any way you could prevent him accessing the parking space, maybe those padlocked bollard things?

 

[Diyisfun]

I suppose you can always advise him that you will be using a clamping company & that if he parks there he will be clamped. Of course then you have the problem of agression & damage to your car.
Have you tried speaking to the construction company & getting them to write & explain who owns what.

 

[Nige F]

Hi All,

access to garages further along, including to some 'affordable' housing. Our deeds show perfectly clearly that we own the land from our boundary wall to the centreline of the right-of-way.

Help!

Therein lie the 2 problems Joe`s favourite housing and a boundary on a right of way as to the boundary - it might be overridden by the " right to pass and re pass" to the other garages . A sketch drawing here might help before you spend out on legal fees

 

[Norcon]

If its your space then hire a rubber wheeled bull dozer and doze his car straight into his front garden on its roof. If he complains then tell him it will be the house next! Job done. I wouldn't bother with lawyers.
One like this should do the job.....

 

[enyam]

Is there a parking place provided with the guy's house?

 

[mysteryman]

Yes, but only one space, wherein lies his problem.

 

[joinerjohn]

If you own the land and can clearly find the borders defined on the deeds, your quite within your legal rights to fence it off and put a gate on it . That'll keep the pesky neighbour off your land and allow you safe (ish) parking for your car.

 

[enyam]

If I read this right he has two cars and only one parking place you have one car and two parking places? have another word with him asking him if he would like to rent this space,failing that get a old banger park it on your bit so he can;t park there.The trouble with the legal route is the only one's to benefit will be the solicitors.£££££££

 

[Steve]

One of the things that puts me off buying one of these new builds is this communal parking issue. I often wonder how the parking area is owned once the developer ships out. There never seems enough parking too, considering most households nowadays own at least 2 cars!

I also wonder how they will look in 10 years time when everyone has had a dispute such as the OP's - most likely everyone will have fenced off their little areas of land, just leaving space for access to garages and the other spaces. Also I bet most people will form parking on their front gardens where possible.

There was an estate built nearby 20 years ago, which was completely open plan at the front. Not now. Most of the houses have had some kind of boundary erected - walls, hedges, fences, picket fences - all of varying heights and styles. Its a shame really, but everybody likes to know and feel exactly where they stand with their neighbours. Simples.

 

[xr4x4]

Trouble is with these new builds, the courtyards have to be shown as attached to, or owned by 'someone' for land registry purposes.

This applies to the whole area, even if 'allocated parking' is only in certain areas.

What you are allowed to park on should be in the deeds or set out when you brought the house.

 

[AssociatedAlarms]

Bollards and or chains are required.
You can also post signs and keep a photographic record for a court case if needed. You may also know some hooligans who are disruptive

 

[Steve]

Do the parking spaces have house numbers painted onto them?

If not, whats to stop some visitor to one of the houses from parking in the "wrong" place?

 

[TonyW2]

My reading is that you have a space for 2 cars, that then extends across a right of way to the mid point.

You can do as you wish on the space, but must not obstruct the right of way.
Your deeds should show this and make reference to the rights of passage across the right of way.
Your problem arises from this person trespassing and parking on your owned space.
If negotiation does not succeed, unfortunately the legal route would require you to obtain a court injunction against the person that would order him to cease. This can be unfairly costly to you, and does not prevent a different person then starting the same cycle.
Bollards or whatever suits your requirements may be cheaper and would differentiate your freehold land from the right of way.
Ignoring the situation may lead to your losing the land.
Bl**dy idiot neighbours.

 

[SittingBull]

My reading is that you have a space for 2 cars, that then extends across a right of way to the mid point.

You can do as you wish on the space, but must not obstruct the right of way.
Your deeds should show this and make reference to the rights of passage across the right of way.
Your problem arises from this person trespassing and parking on your owned space.
If negotiation does not succeed, unfortunately the legal route would require you to obtain a court injunction against the person that would order him to cease. This can be unfairly costly to you, and does not prevent a different person then starting the same cycle.
Bollards or whatever suits your requirements may be cheaper and would differentiate your freehold land from the right of way.
Ignoring the situation may lead to your losing the land.
Bl**dy idiot neighbours.

+1 to this idea!