Hello. Can i park on my access route to my garage? My neighbour is saying he owns the land leading to my garage and i cannot park on it. It is my right of way to my garage, so surely i can park there?
Province/Country relating to question : Hampshire
We have tried talking to my neighbour but now it's just aggressive behaviour and he says he's right, he owns the land and thats that. I believe he is responsible for the land, but does not own it. I believe the access / turning area was allocated to 2 homes when the estate was built, as the council wouldnt adopt this area.
What exactly do your deeds say on this point?
The deeds say i have access to my garage. My neighbours deeds have a red line directly through the shared area, 50% on his property and 50% on his next door neighbours property. The deeds say it's shared and i have access to my garage. There are 3 off us that have to drive over the 'shared' area to access our garages. He stops everyone parking on the 'shared' area, except himself, he always parks on it.
If you do not actually own part of the area, then you are not allowed to park on it, you simply have access over it. He is only allowed to park on it if his parking does not form a substantial obstruction. Even then, he is only allowed to park on his part of the shared area. It was the other person who owns the other part of the shared area also parked on their land and there was then not enough for others to pass, then the obstruction is likely to be substantial. What is a substantial obstruction has been the source of many court cases.
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The thread remains open. Thanks
PGD Law. 20 years legal profession, 6 as partner in High Street practice
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