• Welcome to the LegalBeagles Consumer and Legal Forum.
    Please Register to get the most out of the forum. Registration is free and only needs a username and email address.
    REGISTER
    Please do not post your full name, reference numbers or any identifiable details on the forum.

Neighbours taking to court for shared driveway.

Collapse
Loading...
X
  • Filter
  • Time
  • Show
Clear All
new posts

  • Neighbours taking to court for shared driveway.

    Hello,

    Sorry this is long hopefully posting in the right place. My father lives in a semi-detached house with a shared driveway and has lived there for 28 years. The parking on and around his road is poor and he is registered as disabled.

    2 years ago new neighbours moved in. We shared the drive with the previous neighbour for 28 years no problem and our other neighbours share their drives. Almost immediately they posted a letter through the door asking us to not park in the shared drive at all. I wrote a letter back explaining my dad is disabled and sometimes late he cannot find a space I offered them the middle drive on 4 out of 7 days and my dad could use on his 3 busiest days when he got back late.


    They point blank refused and after that they were fine and amicable with us. For the next year my dad parked in the middle drive 5pm-5am. They had buildings works done for the best part of this year we made sure the builders always had excess did not complain about deliveries, noise or loss of privacy. Their builders parked in the middle many times. They put scaffolding up against our house.


    Recently we received a solicitors letter saying they were taking us to court to seek an injunction unless we immediately stop using the middle drive and stop washing our dogs waste away into the middle drive - this is fictitious and would not even be possible with 3 large dogs. We pick up their waste multiple times a day and in fact have a big bin just for this purpose. I’m not sure why they would say this other than to be malicious. We did not reply.


    They had a drop kerb put in 2 months ago, thus reducing the parking on the road further. The council came out and told them their drop kerb was a metre too long. They built this drop kerb around my parked car and maliciously called a parking attendant to get me a ticket without giving me a chance to move it. The council have since apologised and rescinded the ticket. My car was also damaged.

    to Add to this they have 5 360 rotating cameras on their house and we feel like we can’t even go in the garden without being watched. They have over built including an outbuilding they did it get planning permission for. They have 2 children who they allow to bang on their fence and bark and harass my dogs meaning at times we have to shut them in. My dad is physically disabled and has mental health problems and he doesn’t feel like he can even sit in the garden.


    Anyway, yesterday we received court papers from them seeking an injunction. The court date is within a month. Is this normal to be so soon? There appears to be no information about us being able to give a reply. Can I reply to this? How do I reply to this? A letter to the court? How do I format this?

    The worst part is the fictitious claims about dog waste and that they say they are suing for court costs, interest and damages for spoiling enjoyment! We lived here for 28 years without an issue. My dad receives disability benefits and cannot afford this.


    Thank you to anyone who read this far
    and for any help. X
    Tags: None

  • #2
    Be reasonable at all times, write back asking for proof of allegations. If you are technically wrong, stop doing it get a clear agreement in writing before doing it again. If there is tension, see if a neighbour can mediate. The question is... does your dad qualify for a parking bay to be marked on the road?

    Comment


    • #3
      You mention a shared driveway.
      Does this lead between the houses to garages or rear garden?
      In what way is it shared?
      What do his deeds state about ownership and use of the driveway?

      You mention a "middle drive"
      Can you explain that term please?

      Pity you ignored the warning letter, and yes applications for injunctions are dealt with rapidly.
      Without seeing the application you have been served, with no details of the order sought, without knowing and understanding the basis of their claim and the circumstances under which you can defend it, my advice would be that you seek professional advice as you need to move quickly.
      Forum discussions take time!

      However, assuming the application was served properly and included:
      i) the order being sought
      ii)the reason for the order
      iii)the respondent properly identified
      iv)draft wording of the order
      v)Evidence (witness statement

      You have options:
      i) negotiate an agreement
      ii)oppose the grant of the injunction, fully or in part
      iii)not oppose
      iv) consent to the order

      If you oppose it you need to file and serve your evidence in a Witness Statement


      PS the driveway has been used for 28 years without opposition or permission from past neighbours , so there might be a prescriptive right.
      Again professional advice would be good

      Comment


      • #4
        I have found and filled out a response form to part 8 denying said allegations and also opposing the procedure being a part 8 as opposed to part 7 on the basis that there is a substantial dispute of fact and if this cannot be transferred to a part 7 the right to submit a counterclaim.

        Unfortunately we are extremely broke and cannot afford a solicitor. With regards to prescriptive rights I believe this is relevant. We have lived here for almost 28 years and dad has been using the “garage way” - by middle drive I mean land that runs between our house to our gardens. They have removed their garage and installed a single gate so actually aren’t able to access their actual property via the garageway.

        Although they acknowledge the deeds say we own the land and both have right of way their solicitor put it is not admitted and they want an injunction for trespass so we can’t use it at all. There’s no other way to get vehicles in or out of our garage.

        with regards to the prescriptive easement they moved in 2018 and allowed us the entire time to park in the garageway as the previous neighbour did for 25-26 years. I’m unsure how to add this to my defence. If anyone would be kind enough to read my defence and help I’d really appreciate it.

        Comment


        • #5
          Your deeds state you own the land but they have a right of way over it ?
          In that case you do not need an easement to park on it. However you should not block their right of way by parking on it.

          Without knowing the exact physical relationship between the properties, and seeing the exact wording about ownership and rights of access it is difficult to understand the position. Post a sketch plan and the wording?

          Similarly without seeing the claim it will be difficult to comment upon your proposed defence.

          If you post the details (suitably anonymised) someone will probably give you pointers

          Comment


          • #6
            I'm curious how the law works. If there is a right of way for the neighbours, presumably easement by deed, would you ever be able to get a right to park by prescription where the easement runs?

            Comment


            • #7
              If there is an easement over land the owner of the burdened land may not obstruct that right of way.

              Prescriptive rights can only be obtained on land you do not own.

              Comment

              View our Terms and Conditions

              LegalBeagles Group uses cookies to enhance your browsing experience and to create a secure and effective website. By using this website, you are consenting to such use.To find out more and learn how to manage cookies please read our Cookie and Privacy Policy.

              If you would like to opt in, or out, of receiving news and marketing from LegalBeagles Group Ltd you can amend your settings at any time here.


              If you would like to cancel your registration please Contact Us. We will delete your user details on request, however, any previously posted user content will remain on the site with your username removed and 'Guest' inserted.
              Working...
              X