Problem Neighbours with Parking on Easement/Shared Access

[ParkingProb]

I can assure you that I did read your first post and that I looked at both plans. Do you think that in my first post I misunderstood anything?

Your covenant does not "mean nothing". I have not said that. What I have said is that going to court over this will be madness.

Have you spoken to your neighbours about this?

I believe the comments 'ability to manoeuvre your cars as conveniently as you would like' is incorrect. I want to be clear, we arn't being petty. It takes considerably more than a couple more turns to get our cars in and out.

Example of my usual day - Neighbour is parked on the driveway. If car A is parked (facing out) next to my wall all I can do is park nose in with car B. I can now not go out in car B unless the neighbour moves his car or I get in car A, drive it down onto the road, get in car B turn it around in the space now created and drive that car down onto the road. I then have to get back into car A and park it back on the driveway making sure I turn it around while car B is on the road and park it next to the wall. If I don't do this and both cars are nose in both my cars will be blocked in and I will only be able to move them if my neighbour moves his car. Because it will be exactly the same again when I come back again in car B.

I also have a toddler which if you would like to imagine how hard this can be if I'm alone with her and only have one car seat in one car.

[ParkingProb]

I can actually see a judge saying that this is down to your choice of cars on both sides. You have 2 cars. Your neighbour has a car that is too big for any of his garages. He may say that by parking right at the end he is doing his best to ensure that you have access to your land at the end of the drive.

I expect that when the deed containing the covenants was prepared and executed, the modern-day problems of large cars and multiple vehicles were not envisaged, and maybe the road in front of your houses was a lot less busy.

So basically he gets to park there and I just have to deal with it?

[atticus]

That is a possibility.

This is all about your ability to turn your cars round, so what I said in my first reply was spot on. Can I ask something? (I doubt that you will like it).

Looking at your second plan, can you do something at the bottom of your garden to increase the space available for turning your cars? If nothing else, it will probably be cheaper than litigation.

[ParkingProb]

I don't understand how the law is on his side when he is not abiding by the easement to keep it clear and open and the right of way seems to mean only if you completely cant get access and they need to be blocking the entire thing. It seems like there is no point us trying to stay within the rules if no one else is. The right of way and covenant are meaningless if they cant be enforced without spending tens of thousands, or hundreds of thousands of pounds. We may as well reclaim all our driveway, have a bigger garden and park on the road.

[atticus]

Nobody has said that "the law is on his side". You, like every other citizen, have the choice whether to take action to enforce your rights, preferably in full knowledge of the cost and risks.

By all means consult a solicitor.

[ParkingProb]

Nobody has said that "the law is on his side". You, like every other citizen, have the choice whether to take action to enforce your rights, preferably in full knowledge of the cost and risks.

By all means consult a solicitor.

You are a retired solicitor telling me I don't really have a case, it would cost considerably more then I can afford in court and I have tried talking to him and he is adamant he wont do anything differently so I have to just deal with it.

[wales01man]

If you have 2 cars when they have gone park one there and leave it if talking does not sort the problem only way forward is go legal as AttIcus says you may not have a case another payed for legal opinion. may be different

[atticus]

trespassing is not the answer.