It's our drive - not his family's car park

My neighbour gets his friends and family members to park on our shared driveway, which stops me getting to my garage. I believe I may own the driveway. What can I do?
Question: My neighbour gets his friends and family members to park on our shared driveway, which stops me getting to my garage. I often have to knock on their door to get them to move their cars so that I can gain access. There is lots of parking provision on the road, yet this is a constant problem. I believe I may own the driveway. What can I do? 

Answer: You should look at your title deeds to establish the correct position regarding ownership of the driveway and who has the rights of way over it. It is possible you own it but your neighbours have access over it to reach the rear of their property, for example.

If your deeds reveal that a right of way has been granted to your neighbours over your driveway, then no one should park on it and obstruct it.

However, it may be that in fact only you have a right of way over the driveway. There may also be a covenant stating that the driveway should not be obstructed and/or that any vehicles should not be parked on the driveway which would prevent access.

If your neighbours obstruct the driveway by parking in such an inconsiderate manner they could be in breach of this covenant and they are also creating a nuisance and annoyance. 

Court action can be taken - however, that would be costly, so it would probably be better for you to try to resolve matters with your neighbours by talking things through and showing them the title deeds.

If this is unsuccessful, as a last resort do take legal advice. A polite letter from a lawyer explaining the situation may just do the trick and stop matters spiralling out of control, which can happen very quickly with neighbour disputes.

What's your problem?
If you have a question for Fiona McNulty, please email legalsolutions@standard.co.uk or write to Legal Solutions, Homes & Property, London Evening Standard, 2 Derry Street, W8 5EE. We regret that questions cannot be answered individually but we will try to feature them here.

Follow us on Twitter @HomesProperty and Facebook

Comments