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Neighbour's Right of access across my drive

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  • Neighbour's Right of access across my drive

    This is a question concerning potential trespassing by a neighbour in order to be able to gain access to their car parked on their property.

    A new neighbour recently moved into a house next to my daughter's house. The street is narrow and on street parking is limited.

    Between the houses is a space but no fence from the pavement for about 4m, there after there is a fence (and then further on a hedge) between the properties. On my daughter's property (approx 3m width), there is sufficient space to park her car and get in/out of it entirely from her property as there's no garden wall. (This is in-line with the perceived boundary as the fence starts some 4m from the pavement)
    The neighbour's side is significantly narrower (approx 2m). They have been parking a small car there very close to their garden wall but cannot get in/out without either walking over my daughter's drive or via the rear door of their hatchback. If my daughter's car is parked then they cannot open any doors apart from the rear tailgate.

    As far as we know there are no rights of access between the properties. The previous occupant never parked on this very small "drive".

    The new neighbour reacted angrily when my daughter tried to discuss this, as she does want to have to move her car every time they need access to theirs, and sees no reason why she should grant them access rights (when she's not there) .

    What is my daughter's legal position? Should she write to them explaining access rights?

    Any advice welcome.
    Thanks
    Tags: None

  • #2
    Start by checking both Land Registry entries, ie hers and the neighbour's.

    Comment


    • #3
      I suggested to my daughter that she should do nothing and "put the ball into the neighbour's court". So after a few weeks they have given up parking in the confined space, so for the moment the problem is "resolved".

      Comment

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