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Stuart J
Stuart J, Solicitor
Category: UK Traffic Law
Satisfied Customers: 20069
Experience:  PGD Law. 20 years legal profession, 6 as partner in High Street practice
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I have a shared drive and shared parking area beside my house

Resolved Question:

I have a shared drive and shared parking area beside my house and to the back of the properties. A sign has been put "No Turning Private". My question is should they have asked my permission before erecting such a sign and is the sign legally enforceable. As far as I am aware we have never had a problem with vechiles turning. Last week a friend of mine picked up something from my house and had to make an awkard turn which I can only think is at the route of this sign being suddenly erected.
Submitted: 1 year ago.
Category: UK Traffic Law
Expert:  Jo C. replied 1 year ago.
Hi

Thank you for your question and welcome to Just Answer. I will try to help with this.

Do you know who erected the sign?
Customer: replied 1 year ago.

It was a neighbour.

Expert:  Stuart J replied 1 year ago.




I
have been to look at this for you.

Who
actually owns the drive?



Is
it half owned by each of you. with each of you having the right to go over the
others half, or as you'd owned by one of you with the other having the right to
go over it all?



Is
the sign on your land or the neighbour's land?



What
exactly is the wording of your right to use the shared drive?



Customer: replied 1 year ago.

I live in a terraced house. My house being the end terrace beside a lane. The lane leads to an area at the back of the whole terraced building where the owners of the houses, including myself, park our cars. I have one car, another neighbour has one car, one neighbour has a van, car, and motorbike and the last neighbour at the other end has two cars and a van. In the land certificate the lane and the land at the back is shaded. It then referes to this shaded area as equally owned by the the four houses in the terrace with each house having a 25% share of the land. There is no specific area of the land mapped out for each house but just that we each own and own 25% of the shaded area. The sign has been erected on a post at the end of the lane just before the land at the back and so is nearest to my property but not actually on the land I have sole use of but the communally shared land.

Expert:  Stuart J replied 1 year ago.




The sign is of very little if any effect and then whoever
put the sign up had asked for legal advice before putting the signing place, I
would to have told him to save his money.

Whether the sign is there not, the only time that this
would be actionable is in one particular person uses the space to turn round
all the time and it becomes a nuisance. Just because they might do it 10 times
a day does not necessarily mean that it is nuisance. In any event, even if it
is a nuisance, on these facts, the nuisance is not going to be worth a lot of
money in compensation.



If the sign is on land owned by someone else, they are at
liberty to put the sign of it it makes them feel better. It may deter some
people from turning which presumably, is the intention. They are not entitled.
However, the sign up on land which belongs to anybody else. The location
therefore of the proposed that the sign is on is extremely relevant images on
the land, which is jointly owned the one person putting it there should have
the consent of the other three.



The other three are entitled to remove it, provided they
do not damage it because that then can become criminal damage.

Can I help further?

Please bear with me today and
over any weekends because I will be online and off-line.

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what you wanted to hear) and I will follow up any further points you raise for
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get paid at all for my time and answer.

The thread remains open for us to continue this exchange



Stuart J, Solicitor
Category: UK Traffic Law
Satisfied Customers: 20069
Experience: PGD Law. 20 years legal profession, 6 as partner in High Street practice
Stuart J and other UK Traffic Law Specialists are ready to help you

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