Shared driveway dispute

A question about : Shared driveway dispute

Hi,

We have a problem with access to the driveway of my late mother-in-laws property. The driveway leads up to two properties, with a split at the top one leading to ours the other to our neighbours. The driveway has a right of easement for both properties. Each house has parking for 4 cars. Because our property is unoccupied while we have been sorting out the estate and trying to sell it, our neighbours have been parking on our drive and also down the access driveway, frequently there are up to 12 cars parked there making it impossible to reach our property. Despite frequent appeals to the neighbours and constant promises that it won't happen again they still continue to block the drive. We have had one offer on the property retracted and this week 4 viewings cancelled on the fact that the driveway is a problem.

What are our options? We don't really want to go down the legal route but itis making it incredibly difficult to sell the house?

Best answers:

• Perhaps a legal route style letter will be sufficient (without actually going down the legal route) to make sure it doesn't happen again!
• I know its a shared drive, but is it not wide enough to be split?
• You need to be aware that if you escalate this in any way, then when you come to sell the house there will be a question in the "enquireis before contract" asking if there is any dispute with any neighbours over access or boundaries. You will have to answer that honestly, otherwise, if the buyer subsequently has trouble with that neighbour and discovers there's history, whether related to this issue or not, you're open to being sued by them.
  So, as suggested, it would be far better to start by trying to resolve this amicably and without recourse to letters, from solicitors or otherwise.
• buy a/some bangers to fill the drive?
• What on earth are they doing with 12 cars??
• The driveway is only one car wide so when there are cars parked you can't get past.
  they have three teenagers who have there own cars and then when there friends turn up in their cars they just park where they like. there is plenty off on road parking but that would mean having to walk an extra 30ft.
• Why not get the EA to inform potential buyers/viewers that you do have rights to the property re parking etc but, while the house has been unoccupied, you have given VERBAL permission to your neighbour to use your drive for parking to give the impression that the house IS occupied.
• Just block the drive with your car or an old second hand one to see how they like it.
• I'm not suggesting that the OP allows use of the driveway as he has said it's not wide enough; I'm suggesting that the OP allows use of the parking area outside the house for sale, as a sweetener.
  OP were there parking problems when your mother-in-law lived there, to your knowledge?
  As pvt said, if a dispute starts then that too will be an issue - and that in iteslf will put prospective purchasers off.
• Go speak to a big doorman at a local nightclub. See if he has a mate who does freelance work and who can go tell the neighbours to move their cars or they might get scratched.
• Hello homesandcastles
  You sound as if you are in a very difficult situation. This link will give you some information https://www.adviceguide.org.uk/englan...ghbourdisputes
  We would advise against not telling the truth and it is also a good point that if yo go to court you will have to put this on the information form when the property is sold. It is also not a good idea to inflame the situation
  I would suggest that you talk with the agent about visiting at times when there is not likely to be any one there. You could also arrange with the neighbours to show people around at set times and get their agreement to move all the cars.
  You may also want to go round about 15 minutes before the agent is coming to ensure that the drive is clear or put your car there. I know its a nuisance but if you want to sell the house then you may have to keep on it until it is sold.
  If all this does fail then you may need to go to court by do try and resolve matters first
• You can also point out to them that their actions are causing you to lose a sale of your property and you can take them to court for your losses.
  You have a right to access your property and they must not block it, by doing so they would be seen as in the wrong by the courts if it went that far. An injunction would very likely be granted also.