Question: My mother's house is at the end of a narrow private road. Her neighbour constantly parks his car opposite my mother’s house, partially blocking the road, as well as the access to my mother’s driveway.
The other neighbours moan about it all the time, but no one actually lifts a finger to do anything about it. What is the best thing to do?
Answer: Look at your mother’s title deeds. If your mother’s property is on a new development, there are likely to be rights of access over the private road, plus restrictions and covenants preventing the people who have a right to use the road parking on it or blocking it.
By parking in this manner, the neighbour could be in breach of covenant. Alternatively, a right to use the road may not be mentioned in your mother’s title deeds. A search of the index map can reveal if the title to the road is registered at the Land Registry and the name of the registered proprietor.
If it is not registered, then no one may know who owns the road and the local authority may just not have adopted it.
Contact Highways England for any information they may be able to provide.
Look at some other neighbours’ deeds to establish if the road is mentioned.
Speak or write to the neighbour and ask him to stop parking in such a selfish way. If he is in breach of covenant, tell him.
Avoid legal action if possible, as neighbour disputes can be acrimonious and costly.
What's your problem?
If you have a question for Fiona McNulty, please email firstname.lastname@example.org 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. Fiona is legal director in the real estate group of Foot Anstey LLP in Exeter (email@example.com)
These answers can only be a very brief commentary on the issues raised and should not be relied on as legal advice. No liability is accepted for such reliance. If you have similar issues, you should obtain advice from a solicitor.