Neighbour trying to intimidate me over parking

[MrStory]

Hello folks. Newcomer and first time poster here

Can anyone advise please? I don’t want to pay for a lawyer so just wanted to check I’m right.

After a barney over a hedge, our irritating neighbour got a solicitor to write to us about a load of nonsense problems including our parking on the road outside our house. Diagram of where we park: they are the red marked house, we are green and our cars are always parked where the 2 green blocks are shown in the hammerhead area of our cul de sac which is a public road in front of our private single car width drive with a single car width garage beyond it. We’ve parked like that for 10 years. Neighbours have whinged a bit in the past about vehicles not being able to turn and their driveway being used to turn in by vans etc if their cars aren’t there, but I’ve never seen it. They put up CCTV.

I do shifts often leaving home in the early hours and my wife only works 2 days a week so it’s necessary for us to park like this and there’s no parking restrictions. No double yellows. No one else seems to mind. The other residents are reasonable and everyone’s visitors have used this area to park at one time or another. Other residents inc our neighbours all got their drives extended so its only our 2 cars who actually need to use it.

Anyway, their solicitor has said this in the latest letter.

“With respect, the fact that the houses were originally built with small driveways that are only possible to accommodate one car at a time and the fact it is more convenient for you to park in the turning circle is irrelevant. As set out in our previous letter, our clients have a right of way at all times and for all purposes with or without vehicles over and along the road known as Westside. Our clients are therefore entitled to uninterrupted use of the right of way. The act of your parking on Westside is causing a substantial interference with our clients’ right and must cease.

Our clients do not have issues with the way the other residents of West Side park. Other residents do not persistently park on the road or significantly interfere with our clients’ rights. It is therefore inappropriate to call a West Side community meeting. The fact of the matter is that you have no legal right to park in the turning circle, for the reasons previously set out. Our client’s legal position is clear on this point. We therefore respectfully recommend that you seek independent legal advice as to your position. In the meantime our clients will continue to actively pursue and explore all courses of action available to them should you continue to interfere with their right of way to include civil action and/or via the Local Authority.”

I’m assuming it’s just scare tactics and they’ve not got a leg to stand on. This right of way is an easement so she says. Where are we supposed to park? I asked their solicitor this and she just ignored me.

[MrStory]

Sorry, can’t attach a diagram as I don’t have the right permissions but basically we park in one side of a hammerhead end of a cul de sac side by side in front of our drive. Just clear of our neighbour’s (the one with the problem) dropped kerb.

[des8]

Presumably this is a public road over which everyone has a right of passage.

Basically you may park anywhere on the public highway as long as you do not contravene parking restrictions or cause an obstruction
Parking on a road automatically causes an obstruction, but common sense normally prevails and normal parking does not produce a reaction from others or from the police.

Whilst you may not see your parking habits as being a problem or inconvenience your neighbours do not agree, but whether it causes an obstruction is another question

Pragmatically to prevent this situation deteriorating further (remember you will remain neighbours and this could impact any future attempts to sell your property) could you not park at least one of your vehicles on your own drive, or better still enlarge the drive area in front of the garage (which you don't use?)

Your neighbours could well apply to the court for an injunction to prevent you parking in your habitual manner.
Whether or not they would be successful is another question, but it could become expensive if you try to defend your position.

I've actually responded so that your post is bumped up (might have been lost over weekend) and others with more knowledge may also comment

[MrStory]

Presumably this is a public road over which everyone has a right of passage.

Basically you may park anywhere on the public highway as long as you do not contravene parking restrictions or cause an obstruction
Parking on a road automatically causes an obstruction, but common sense normally prevails and normal parking does not produce a reaction from others or from the police.

Whilst you may not see your parking habits as being a problem or inconvenience your neighbours do not agree, but whether it causes an obstruction is another question

Pragmatically to prevent this situation deteriorating further (remember you will remain neighbours and this could impact any future attempts to sell your property) could you not park at least one of your vehicles on your own drive, or better still enlarge the drive area in front of the garage (which you don't use?)

Your neighbours could well apply to the court for an injunction to prevent you parking in your habitual manner.
Whether or not they would be successful is another question, but it could become expensive if you try to defend your position.

I've actually responded so that your post is bumped up (might have been lost over weekend) and others with more knowledge may also comment

Thank you so much and for bumping, As far as we’re aware it’s a public road, we get public council services like pot hole repairs and a grit bin.

So the neighbours’ solicitors are talking nonsense about this right of way easement in the neighbours deeds then?

this is what they said in the 1st letter they sent to me (I’ve replaced identifying names etc with XXX):

“The right of way at all times and for all purposes in common with the Transferors and its successors in title and all others entitled thereto with or without vehicles over and along the road known as Westside aforesaid”.

Our clients are therefore entitled to uninterrupted use of the right of way over the Road. The act of your parking on the Road is causing a substantial interference to our clients’ use and enjoyment of their right in accordance with the Transfer.

From our research we have ascertained that the Road is in fact owned by XXX and is registered at the Land Registry under title XXX. XXX were dissolved in May 2023. As a result, the Road has become bona vacantia land and is owned by the Crown. Our clients’ above mentioned Right of Way, however, survives the transfer of ownership, even in these circumstances.”

[PallasAthena]

So the neighbours solicitors are talking nonsense about this right of way easement in the neighbours deeds then?
.
.
.
From our research we have ascertained that the Road is in fact owned by XXX and is registered at the Land Registry under title XXX. XXX were dissolved in May 2023. As a result, the Road has become bona vacantia land and is owned by the Crown. Our clients above mentioned Right of Way, however, survives the transfer of ownership, even in these circumstances.

Well maybe they aren't talking nonsense in view of what they say are the results of their research. I not a lawyer and can't comment on the legal conclusions they have reached, but tagging atticus who may be able to help.

In the meantime contact your local council and confirm with them the road is a road adopted by the local authority.

[atticus]

As PallasAthena has kindly tagged me...

The OP can check the title for the road at the land registry to ascertain the exact terms of rights of way - presumably the OP has a similar right.

But surely the most important question is whether the OP's parking does in fact cause a "substantial interference" with the neighbour's ability to access their property. The plan suggests that this may be the case. Is the OP not able to park on his land? He does say that all other neighbours have extended their drives. This may be cheaper than litigation!

[MrStory]

As PallasAthena has kindly tagged me...

The OP can check the title for the road at the land registry to ascertain the exact terms of rights of way - presumably the OP has a similar right.

But surely the most important question is whether the OP's parking does in fact cause a "substantial interference" with the neighbour's ability to access their property. The plan suggests that this may be the case. Is the OP not able to park on his land? He does say that all other neighbours have extended their drives. This may be cheaper than litigation!

Okay, thank you for taking the time to respond. Apparently, according to another neighbour there’s lots video evidence captured by the neighbour in question of vehicles not being able to turn and their property being damaged when vehicles use their drive to turn. Not sure how true this is. As I said, I’ve never seen it in 20 years. We never block their dropped kerb so I don’t see what the issue is.

It’d cost at least £15k for our driveway to be modified so I guess you’re saying that’d be cheaper than them taking us to court. We tried parking my wife’s car on the drive for a couple of days but she didn’t like getting in/out of her car or reversing up a slope (our driveway slopes).

Oh and latest on the grapevine is that an application to the Council for double yellow lines has been approved. We’re rural so not sure how that’ll be policed.

[atticus]

When I said extending the driveway may be cheaper, the OP had not told us the estimated cost. But he should bear in mind that if he fights a case and loses, he can expect to pay the claimant's legal costs as well as his own.

As for Mrs OP not liking to park on a slope, well I would not expect a court to have any sympathy with that excuse. I recommend her to practice!