UK Law

Get UK Law Questions Answered by Verified Experts

Ask an Expert,
Get an Answer ASAP!

UK Law
This answer was rated:

I live in a Semi-detatched house, at the back of my property

I live in a Semi-detatched...

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. 

Show More
Show Less
Ask Your Own UK Law Question
Answered in 8 hours by:
8/1/2013
Thomas
Thomas, Lawyer
Category: UK Law
Satisfied Customers: 7,626
Experience: BA (Hons), PgDip, Practising Solicitor
Verified
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
Ask Your Own UK Law Question
Customer reply replied 4 years 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?


 


 

Hi

I will be able to answer tomorrow at 9am

Tom
Ask Your Own UK Law Question
Customer reply replied 4 years ago

No problem, many thanks

Thanks
Ask Your Own UK Law Question
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,

Please remember to RATE my answer OK SERVICE, GOOD SERVICE OR EXCELLENT SERVICE or above if you are satisfied that you have received the correct legal advice (even if it is not the answer you wanted to hear), otherwise I do not receive any credit for answering your question.

If you are not willing to rate my answer as OK SERVICE, GOOD SERVICE OR EXCELLENT SERVICE then allow me to assist further by replying asking what clarification you require rather than rating my answer at levels below.

If you wish for me to provide you with further guidance on any question you may have in the future then please submit a further question to the board requesting me either by my profile or by marking your question. “FAO Tom”.

Kind regards,


Tom
Thomas
Thomas, Lawyer
Category: UK Law
Satisfied Customers: 7,626
Experience: BA (Hons), PgDip, Practising Solicitor
Verified
Thomas and 87 other UK Law Specialists are ready to help you
Ask your own question now
Ask Thomas Your Own Question
Thomas
Thomas
Thomas, Lawyer
Category: UK Law
Satisfied Customers: 7,626
7,626 Satisfied Customers
Experience: BA (Hons), PgDip, Practising Solicitor

Thomas is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks!

RickLeeds, UK

I did not know a French Law service existed and I was very impressed with the speed of reply --- very professional. Many thanks!

Ms. BakerAlfafar, Spain

Thank you so much for your help. Your answers were really useful and came back so quickly. Great!

MaggieUSA

Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help.

Mary C.Freshfield, Liverpool, UK

This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!!

AlexLos Angeles, CA

Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult.

GPHesperia, CA

I couldn't be more satisfied! This is the site I will always come to when I need a second opinion.

JustinKernersville, NC

< Previous | Next >

Meet the Experts:

Ben Jones

Ben Jones

UK Lawyer

9,163 satisfied customers

Qualified Solicitor - Please start your question with 'For Ben Jones'

INC

INC

Solicitor-Advocate

3,868 satisfied customers

LL.B, Pg.Dip, LL.M, M.B.A (Pending), Solicitor-Advocate. UK Practising Certificate issued by SRA., DIFC Courts Registered (Dubai)

Jenny Mackenzie

Jenny Mackenzie

2,752 satisfied customers

Over 10 years experience in general legal matters

Matthew J

Matthew J

Solicitor

334 satisfied customers

4 y PQE (Partner) - Commercial / Residential Property & Property and Civil litigation experience

Stuart J

Stuart J

Solicitor

7,349 satisfied customers

PGD Law. 20 years legal profession, 6 as partner in High Street practice

Clare

Clare

Solicitor

9,479 satisfied customers

family solictor with 25 years experience

Thomas

Thomas

Lawyer

7,626 satisfied customers

BA (Hons), PgDip, Practising Solicitor

< Previous | Next >

Related UK Law Questions
Where do I get help to fill in the 6.4 and 6.5 forms to set
where do I get help to fill in the 6.4 and 6.5 forms to set a debt aside? I have no idea what I am doing … read more
Jamie-Law
Jamie-Law
4,910 satisfied customers
II recently applied for my citizenship and did not mention a
II recently applied for my citizenship and did not mention a ccj judgement because I didn't know if I had to disclose it or not … read more
frantzgregory
frantzgregory
601 satisfied customers
My sister in law was dismissed by a local NHS Trust for
My sister in law was dismissed by a local NHS Trust for gross professional misconduct last week. She is planning to appeal but needs to clarify whether the Trust's decision was appropriate. … read more
Ben Jones
Ben Jones
UK Lawyer
Legal Practice Course
9,163 satisfied customers
My uncle (deceased) lived in a house belonging to his Mother
My uncle (deceased) lived in a house belonging to his Mother (deceased) for 50 years. My uncle has siblings (deceased) which leave all the Children, I am one of them. The house deeds were never change… read more
Buachaill
Buachaill
Barrister
Master\u0027s Degree
2,820 satisfied customers
I have a cheque from first Texas bank US which is being
I have a cheque from first Texas bank US which is being converted to Uk GBP ! I've been asked for £10000 having already given them £20000. It's from internal revenue monitoring service team. They say … read more
Ben Jones
Ben Jones
UK Lawyer
Legal Practice Course
9,163 satisfied customers
The police in. Bournemouth inform me that I will require
The police in. Bournemouth inform me that I will require legal representation for accusations of child abuse of my step daughter from around seventy years ago.i will be resident there in January and a… read more
Jo C.
Jo C.
Barrister
Master\u0027s Degree
37,462 satisfied customers
I have received a letter from a debt collection firm
Hi - I have received a letter from a debt collection firm regarding an outstanding parking ticket. The letter and any previous correspondence from the parking company (Premier Park) was sent to the wr… read more
Jo C.
Jo C.
Barrister
Master\u0027s Degree
37,462 satisfied customers
Name:**xxxxxx xxxxxx **Contact address:**xxxxx London xxxxx
Name:**xxxxxx xxxxxx **Contact address:**xxxxx London xxxxx **Phone:** 0xxxxxxxxxx **Email:*******@******.*** **Date of birth:**/xxxx **What exactly was said about you and by whom? Please supply as mu… read more
Jo C.
Jo C.
Barrister
Master\u0027s Degree
37,462 satisfied customers
Credit card company has sold my debt to a debt collection
credit card company has sold my debt to a debt collection company.They have now agreed to repay my charges but are insisting on paying the third party,even they no longer own the debt,I am negotiating… read more
Jo C.
Jo C.
Barrister
Master\u0027s Degree
37,462 satisfied customers
I work for a large local authority and we are in the middle
I work for a large local authority and we are in the middle of an organisational redesign resulting in a reduction in posts. … read more
Ben Jones
Ben Jones
UK Lawyer
Legal Practice Course
9,163 satisfied customers
I'm a leaseholder planning to host a friend who owns a small
Hi, I'm a leaseholder planning to host a friend who owns a small dog. My lease says I would need permission from the developer to have a pet, so I've asked them. They replied without justification tha… read more
Michael Holly
Michael Holly
Bachelor\u0027s Degree
6,628 satisfied customers
Do I have to split my assets with husband if we divorce? I
Do I have to split my assets with husband if we divorce? I own 3 properties and they are all in my name which I've worked really hard to buy. The properties are buy to let and we live in rented accomm… read more
ivorylounge
ivorylounge
Bachelor\u0027s Degree
34 satisfied customers
I put my car in for an mot and it failed so they carried out
I put my car in for an mot and it failed so they carried out the work without telling me and they want £180 do i have to pay i told them if it failed i ws going to scrap the car … read more
Ben Jones
Ben Jones
UK Lawyer
Legal Practice Course
9,163 satisfied customers
After 6 months and the deposit returned can a Landlord make
After 6 months and the deposit returned can a Landlord make any claims on an ex tenent ? … read more
Jamie-Law
Jamie-Law
4,910 satisfied customers
I've been done speeding 49 in a 30 zone what will I get for
I've been done speeding 49 in a 30 zone what will I get for this has I am on 9 points … read more
Jamie-Law
Jamie-Law
4,910 satisfied customers
I SOLD A BUSINESS IN APRIL 2008 OF WHICH I WAS A DIRECTOR
I SOLD A BUSINESS IN APRIL 2008 OF WHICH I WAS A DIRECTOR AND XXX A DIRECTOR. I WAS NOT AN ACTIVE PERSON IN THE BUSINESS DUE TO DISPUTES WITH MY BUSINESS PARTNER. WE SOLD FOR AN AMOUNT PLUS VAT. WHEN … read more
PTS Law Ltd
PTS Law Ltd
35 years experience English Solicit
1,198 satisfied customers
My late father passed away five yrs ago. On his death his
My late father passed away five yrs ago. On his death his will stated that his live in partner was intitiled to live in the property until she passed away she owned a 7.2% share of the property and th… read more
Aston Lawyer
Aston Lawyer
Head of Residential Property
LLB (HONS)
3,640 satisfied customers
Please can you help me? My grandmother has signed over her
Hello, please can you help me ? My grandmother has signed over her will to my uncle, and not to my father. My uncle said this is because my father is ill and also because my grandmother was going to l… read more
Michael Holly
Michael Holly
Bachelor\u0027s Degree
6,628 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x