Shared Driveway - what Constitutes an obstruction?!

[Guest]

My house is at the top of a private shared access driveway, our neighbours constantly have a third car plus guests blocking access to and our drive. The deeds clearly state that no one should place or allow ANY OBSTRUCTION to remain on the access way - the neighbours keeps claiming that making it awkward doesn't mean it's an obstruction... can anyone help me in defining what constitutes an obstruction? thanks in advance!

[efpom]

It depends - something which might obstruct a combine harvester might not obstruct a unicycle.

[mildred]

That's very true! I was referring to the parked cars...they definitely cause us an obstruction, some days you can squeeze past some days you cannot. I've been reading online, some people seem to think you shouldn't leave anything in the shared access pathway, our neighbours clearly disagree...

[R0b]

This is definitely going to be a question of interpretation of the deeds and could give a number of readings depending on who you ask.

Your neighbours could quite rightly argue that one reading of the deeds means that the parked car does not prevent you from using the shared drive even if it is awkward, thus no obstruction.

That said, you also have to read all of wording and not just cherry pick some parts: no one should place or allow ANY OBSTRUCTION to remain on the access way

The words I've underlined above go further than simply saying you shall not obstruct the accessway, rather you cannot allow anything to be placed or remain on the accessway. I would read that as saying, you can move freely over the accessway but you can't allow anything to remain on there.

If they are parking their car on the shared drive then that would constitute both placing/allowing an obstruction to remain on the accessway contrary to the deeds.

Depending on what the rest of the Deeds say, you could have a course of action against the neighbour (by allowing their friends to park there) or it would be the driver of the vehicle blocking the access.

[mildred]

Thanks, Rob. That's really helpful. The actual wording is as follows and is aimed at all all 3 houses that access the shared access driveway (we're at the end)

11. Not to place or allow any obstruction to remain on the access way coloured blue on the plan

coloured blue is the shared drive that leads to each of our driveways and that's where they park their third car and have their guests park too.

[R0b]

I think based on the wording your neighbours might struggle to argue their position. I would understand their point if the wording had said something like not to obstruct passage through the access way in which case creating more difficulty but still have access is not necessarily an obstruction.

However it's the words not to place or allow an obstruction to remain that might drive through their argument. That said if you wanted to be picky, it depends what you mean by the reference "remain" does that mean remain at any time or could someone temporary place an obstruction i.e. a car for a short period of time.

I have to say the wording isnt exactly explicit and that's the problem when the drafting is poor. If I had drafted it, i would have included wording to say that the access way shall remain clear and free from any obstruction at all times.

These things can spiral out of control so I would suggest before you do anything drastic you might want to get some advice on the wording - shouldnt cost you too much if you shop around since you are only looking at one section

[mildred]

Thanks, Rob. That sounds sensible - for advice on the wording would a solicitor or a surveyor be best would you say? Really appreciate you replying so thank you so much.

[R0b]

This is a legal interpretation so definitely a lawyer over a surveyor.

[mildred]

Thank you so much for replying, Rob!