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Thomas
Thomas, Lawyer
Category: UK Law
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Experience:  BA (Hons), PgDip, Practising Solicitor
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I live in a Semi-detatched house, at the back of my property

Resolved Question:

I live in a Semi-detatched house, at the back of my property there is a garage which is used for autobody repairs etc. Between my house (124) and next door (126) there is a shared driveway which gives access to the garage and both of our back gates, this driveway is narrow but wide enough to get cars down it.


 


When entering the driveway there are white 'H' markings on the road. I park on my drive but have to drive over the shared entry not blocking it. Recently the man renting the garage out has been parking at the entry to the driveway blocking my car on my drive. As far as myself and next door are aware this is an access only driveway and should not be blocked or parked on.  Both our back gates go onto the entry and when cars are parked on it we are unable to even pass through with a bike or wheely bin... I have bought the title to his property which states 'at all times hereafter observe and perform the restrictions and stipulations set out below: 1: forever hereafter maintain the fence between the points shown A and B on the plan annexed hereto in good order and repair. 2: Not at anytime hereafter to obstruct the passageway coloured green on the said plan' (Green marks 1/2 the driveway to 126) So does this mean that by blocking the drive at the entry he is obstructing the passageway? What can be done about this? I am being constantly blocked in and unable to have proper access to the rear of my property as it is obstructed by his vehicles.


 


As far as 126 are aware this is an 'access only' driveway as we are entitled to 24 hour access to our backgates which should not be obstructed.  I have spoken to the police today who said they will send a police officer around to see him. 

Submitted: 1 year ago.
Category: UK Law
Expert:  Thomas replied 1 year ago.
Hi

What does the tenant of the garrage say about your complaints? Do you know who owns the freehold to the garrage and if so have you spoken to them??

Tom
Customer: replied 1 year ago.


yes i spoke to the tenant yesturday who became agressive and then reluctantly moved his car from blocking me in he said that he parks there as there are no spaces on the road..... his garage has enough space for about 15 cars and is not full (he drove it up the drive in the end to unblock my car).


 


I have spoken to the landlord on multiple occasions who doest seem to be interested at all ... I bought my house 7 years ago and when I first had to speak to him he said that he owned my house and that he wasnt fixing the grid which is broken outside my gate from cars being parked on it (yes I corrected him that I dont let my property from a letting agency I actually bought it so he was not my landlord).


 


Two PCSO's came around today and looked at the property titles to all 3 properties (124 my house, 126 and 124a the garage) they agreed that is does state that both me and 126 have right to pass and repass without obstruction at all times. They also informed him that fixed penalty notices will be issued if he or anyone continues to park on the white H markings.


 


Also the plans show that the outside toilet which backs onto my garden (access from the entry) which is currently used by the garage is in my boundary not theres. is there any way I can find out who actually owns it someone meantioned something about perscriptive rights?


 


As the titles for the properties clearly state that there must be no obstruction how do you inforce what is on a peice of paper?


 


 

Expert:  Thomas replied 1 year ago.
Hi

I will be able to answer tomorrow at 9am

Tom
Customer: replied 1 year ago.

No problem, many thanks

Expert:  Thomas replied 1 year ago.
Thanks
Expert:  Thomas replied 1 year ago.
Hi

Thanks for your patience.

In the first instance I would persist in speaking with the police to follow up and make sure they keep in contact with the man and remind him of what he should not be doing. If they are prepared to issue FPNs if the behaviour continues then I would encourage them to do so.

If the person does not modify their behaviour then I would write a letter before action to the person outlining the breach of the right by obstructions enclosing a copy of the title for the property and the condition not to obstruct State in the letter that you will keep a diary with photographs of the behaviour and then submit an application to court for an injunction that he cease the behaviour.

If he does not then modify his behaviour then you can either instruct a solicitor to write a letter before action to them if you think he may take this more seriously, or you can proceed to issue at court.

If you get an injunction from court ordering that the behaviour is ceased and he continues then he will be contempt of court and could face serious penaltys, including fines. If the behaviour persists you can ask that a power or arrest is attached to the order in which case the police will arrest him upon the behaviour happening again.

Good luck,

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Kind regards,


Tom
Thomas, Lawyer
Category: UK Law
Satisfied Customers: 6375
Experience: BA (Hons), PgDip, Practising Solicitor
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