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Is anyone good at legal parking things?

31 replies

Sausagefingers9 · 04/02/2019 15:47

Basically, we would like to pave over our front garden and make it a bigger drive for our cars. We at the end of a cul de sac and one of the houses over the road from us owns the pathway that would lead up to our drive (if that makes sense?)
If we got our drive and she decided to park her car at the end of her land it would obstruct us from using our drive.

So who would be in the right? We don’t want to start a feud with her but parking is a problem here and having the extra drive space would be really useful.

OP posts:
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MacarenaFerreiro · 04/02/2019 15:48

Go and talk to her.

Sausagefingers9 · 04/02/2019 15:49

We will do but just wanted a better idea of the legal side first.

OP posts:
InProgress · 04/02/2019 15:52

So to access your extended drive you would have to drive over her pathway?

Does she currently use the pathway to park? Is there any chance of a compromise i.e. She gives you right of way you give her a car parking slot?

CluedoAddict · 04/02/2019 15:55

We need a diagram ☺.

Sausagefingers9 · 04/02/2019 15:58

She has lots of parking space as she owns the adopted highway at the end of the cul de sac, I don’t think she would want to use our drive.
But yes we would have to use her land to access our drive and if she or a guest parked at the end of her land it could block us in.

OP posts:
Sausagefingers9 · 04/02/2019 16:00

This isn’t to scale Blush
We want to extend the drive in to the tree bit. The neighbour concerned owns the end house opposite and the land with x’s down it.

Is anyone good at legal parking things?
OP posts:
DisgraceToTheYChromosome · 04/02/2019 16:02

In that case, talk to her first. Then make sure you use porous block paving over crushed hardcore and rammed sand. Your local council may forbid more than two square metres of concrete without permission.

Sausagefingers9 · 04/02/2019 16:05

Oh really? Do we need to ask for planning permission on a drive?
Haven’t even got a quote yet, just starting to plan.

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BollocksToBrexit · 04/02/2019 16:10

You can't access across your neighbour's land without their consent. You'd be crazy to extend your drive if the only way on/off it is to trespass on your neighbour's land. You may wake up one morning to find yourself blocked in with a penguin bollard.

DisgraceToTheYChromosome · 04/02/2019 16:12

You'll be ok with porous block, I think, but in our old authority concrete was banned except for wheelchair access. It's the flooding it causes.

SlipperyLizard · 04/02/2019 16:15

You’ll need to get the council to put in a dropped kerb if you’re going to be driving over pavement - means getting their permission and paying for it. Sorry, not clear from the map if you need to do that!

Artesia · 04/02/2019 16:20

I might be being dim, but how do you currently access your drive? Is it across her path? If so you may already have some form of right of way/easement

Boomerwang · 04/02/2019 16:21

You never know what could happen down the line even if your neighbour agreed. Is it not possible to have the drive completely relaid so that both cars park sideways on? Even at a diagonal would help as both could get in via the usual entrance as long as there's enough space to tuck in.

Sausagefingers9 · 04/02/2019 16:23

We drive across the path to get in now.
If we could park sideways that might be better. I’ll have to see if it would be possible.

I’m just worried that she might agree etc but what if she moves before us and new neighbours aren’t as nice.

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LIZS · 04/02/2019 16:24

Do you already have right of access over the path for your current drve. You would need pp to drop the kerb but as you don't own that you should speak to the neighbour first to see if they would permit that and an extension to the access.

Sausagefingers9 · 04/02/2019 16:29

Does this give a better idea? She owns the bit with edging, the rest is a public pavement.

Is anyone good at legal parking things?
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NoParticularPattern · 04/02/2019 16:30

How do you currently access your drive? Surely you’ll just keep using that even if you extend the actual area you have to park cars on?

LIZS · 04/02/2019 16:34

Picture is confusing , which is the part you plan to extend?

BollocksToBrexit · 04/02/2019 16:41

She would have to agree to it and then you'd have to get something legal drawn up giving you right of access.

SilverViking · 04/02/2019 16:43

Your neighbour is entitled to park anywhere on their property.
You are not entitled to cross your neighbours property without permission.

You would be CF to extend your drive and expect to drive across your neigbour's property to get onto it, without permission.
Also, unless you get a legally binding right of way drawn up, any permission from current neighbour would not carry forward to any new neighbour that bought their property.

Do you have room to widen your drive, but keep the existing "single" entrance?

MunchMunch · 04/02/2019 16:53

From what I can tell in the photo you don't currently use her land (yellow) but you instead drive on at an angle from the road (big red arrow) so from there could you not park car1&2 the way the two smaller red arrows are pointing (see diag)...

Is anyone good at legal parking things?
BlackAmericanoNoSugar · 04/02/2019 16:56

Couldn't you continue to use the access point that you currently use (and, I assume, have the right of access over) but also park on the garden that you want to pave over? It looks like there is enough room to enter by the driveway and park nose or tail to the far boundary.

To be honest, I think it would be a little dangerous to be crossing the bit of pavement next to that gap in the fence which I assume is a pedestrian access to your street. If a child came running around the corner of that fence as you were leaving your property you might not see them in time if you were right by the gap.

Somethingsmellsnice · 04/02/2019 17:06

If you can access the new part of the drive from your existing drive that will be ok.

if you have to go over any of her land that you don't currently you need her permission and she can say no or grant your a licence (possibly with some form of payment to her) to access the new part.

sollyfromsurrey · 04/02/2019 23:36

I have no idea what the layout is. It is very confusing. I think you need to draw a better picture indicating in. Ok our, the land she owns, your current drive and how you access it and where the road is. It's all just too hard to understand. It sounds like she has a 'path' from where to where I don't understand. And what do you mean by path? A footpath? And you currently access your driveway by driving across this footpath? Why can't you access your new proposed park via the same way? Please draw a neater clearer picture using colour. We'd like to help but it's impossible with the info you have given

Boomerwang · 05/02/2019 05:24

I didn't have any trouble deciphering the image or the diagram, but I do wonder if you indeed have enough space to park sideways without a lot of faff. I can't believe you have to enter at an angle to your own drive in the first place. You might manage it with at least one very small car tucked in first but then the second will be right next to your building. If anyone decided to park on the road outside your neighbour then backing out of that corner would be awkward anyway.

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