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JGM, Solicitor
Category: Scots Law
Satisfied Customers: 11271
Experience:  30 years as a practising solicitor.
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I own one of 2 flats with a driveway that the house behind

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I own one of 2 flats with a driveway that the house behind has a right of access over. M

king is on one side of the driveway and my back door (although I use it most) is on the other, near the end. Is t I need to use the driveway to position my car and my visitors, or upstairs flat would not be able to park with house car on driveway. ere anything I can do about the house parking their cars on my driveway?




Thank you for your question.

A right of access doesn't confer a right to park except in certain special situations and certainly not where they have their own land to park on.

Get you lawyer to write to them in appropriate terms. If they don't comply to can take them to court in terms of your title deeds and ask the court to grant an order preventing them from parking on your land.

I hope this helps. Please remember to leave a positive rating so that I am credited for my time.
JGM and other Scots Law Specialists are ready to help you
Customer: replied 3 years ago.

I was in the middle of editing when you replied so my question looks a bit odd now, didn't realise bits disappeared and jumped about.



How much would a letter and order cost and would it apply to future owners or would I have to do it again each time?

A letter before action would cost about an hour of time for consultation and drafting. Allow £200.

The action again depends on time but I would budget about £1800 for initial drafting lodging service and an interim hearing. If the action goes further then you can expect to pay the same again at least. You can ask for costs to defray your solicitor's account if you are successful.

Any court order is against your neighbours at present. If you had the same problem in the future with new occupants you would have to do the same again.