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Driveway Damage caused by neighbour

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  • Driveway Damage caused by neighbour

    Hello - hoping someone can help please.

    I live in an old (400+years) property in Kent and we have an old cobbled driveway. Not sure if it dates back the full way but it's certainly more than twice as old as me, probably a lot more and I'm edging close to retirement! We own the land the driveway is on but our neighbour has a right of way across it. They park their car at 90 degrees to the part of the driveway that we own and since they just bought a new, slightly larger and heavier car the action of turning the front wheels on full lock every time they come and go is digging up all the cobbles and making a right mess.

    We don't get on with them at all - they are of the type where the whole world revolves around them etc, and we've unfortunately fallen out about one too many trivial matters now, otherwise we would be able to have a grown up conversation with them and come to an agreement I'm sure.

    As that is no longer possible, does anyone know where we stand legally on this? If it were a normal driveway of tarmac or pavers then it would more likely be a case of the driveway not being properly put down and a simple case of getting it fixed and agreeing on who pays for it. However, these stones need to be replaced properly and then ideally the cause needs to be stopped as it wasn't designed for 2 tonnes of car bearing down on just two small areas being turned. So having it put back as it was, it will only get dug up again. Clearly we don't want to replace the driveway and shouldn't have to even if this was an option.

    The properties are listed (grade 2) but I doubt this would cover the driveway, photos of which are attached.

    Any thoughts welcome and much appreciated of course.
    Thanks
    Tags: None

  • #2
    Couldn't add the photos on my original post and came here to say so, but edited it and able to add them for you all to see.
    Attached Files
    Last edited by Ocho27; 20th August 2024, 22:47:PM.

    Comment


    • #3
      Hi
      Welcome to LB
      Don't assume your old cobbled driveway is not covered by the grade 2 listing. You should contact your LA conservation officer and find out. They may want to specify how repairs should be carried out.
      IMO repairs should be carried out asap. The damaged edge of the paving will continue to crumble and the area that requires repair will continue to grow
      I am not convinced you would have a strong claim in court. The defendant may argue that the cobbled paving is vey old, the sub-base has deteriorated over time and the whole driveway needs replacing

      Comment


      • #4
        Originally posted by Pezza54 View Post
        Hi
        Welcome to LB
        Don't assume your old cobbled driveway is not covered by the grade 2 listing. You should contact your LA conservation officer and find out. They may want to specify how repairs should be carried out.
        IMO repairs should be carried out asap. The damaged edge of the paving will continue to crumble and the area that requires repair will continue to grow
        I am not convinced you would have a strong claim in court. The defendant may argue that the cobbled paving is vey old, the sub-base has deteriorated over time and the whole driveway needs replacing
        Thanks Pezza - if the LA conservation officer wants it repaired, this is it safe to say the cost of this would fall on the neighbour given they've caused it?

        Comment


        • #5
          The cost will fall on you. You may be able to recover it from your neighbour.
          Lawyer (solicitor) - retired from practice, now supervising solicitor in a university law clinic. I do not advise by private message.

          Litigants in Person should download and read the Judiciary's handbook for litigants in person: https://www.judiciary.uk/wp-content/..._in_Person.pdf

          Comment


          • #6
            Originally posted by atticus View Post
            The cost will fall on you. You may be able to recover it from your neighbour.
            That's not ideal and doesn't exactly sound fair (I know life isn't always fair). Doesn't really sound like a solution either, as I'll end up paying to fix the damage they've caused and they'll continue causing it and we're back where we started...

            Comment


            • #7
              Do you have legal expenses insurance cover? If so, get your insurers' lawyers to look at this. You will need to give them the full picture.
              Lawyer (solicitor) - retired from practice, now supervising solicitor in a university law clinic. I do not advise by private message.

              Litigants in Person should download and read the Judiciary's handbook for litigants in person: https://www.judiciary.uk/wp-content/..._in_Person.pdf

              Comment


              • #8
                Originally posted by atticus View Post
                Do you have legal expenses insurance cover? If so, get your insurers' lawyers to look at this. You will need to give them the full picture.
                Thanks - doing that now.

                Comment

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