Neighbours parking on access land

[Debs14]

We live in a semidetached converted barn, and the layout of our neighbour’s house and our house is a bit unusual. There is a pub garden behind our houses, so we only have doors, windows, gardens and driveways on one side.
We are down the end of a narrow private road and there isn’t any space to park on the road. We have a driveway that can fit 3 cars, and we have to allow access across our drive for our neighbours to get to their drive, see diagram. We own the land directly in front of our house, including the access area. Our neighbour has room for at least two cars on their drive, but it is a bit tricky to get onto and reverse out of.
Because it’s a bit awkward getting onto their drive, their son, and all other visitors, park on the access area, which is right in front of our garden. Now this is the part where I don’t know if I’m being unreasonable or not, but it really annoys me when people park there because I feel that my personal space is being invaded. Particularly on nice sunny days when I want to relax in our garden, however it feels exactly the same way as when someone else is standing too close to you.
We often ask our neighbour’s son to move his car onto his mum’s drive, which he does without complaining, but our neighbour always makes a big deal of it, like we are being unreasonable not wanting them to park on our drive. And he still always parks there unless we ask him to move.
So, AIBU for not being neighbourly, or is it reasonable to not want other people parking on your land? Also, if we own the land, but have to allow access, are they perfectly in their rights to park there and I should just put up with it?

So are they blocking access to your garage and the area in front of your garage too?
I don’t think they should be parking in the access region at all - it should be used for access alone.

would be interested to hear the legality of it though.

Keep up the message and maybe check whether they'd have a claim for adverse possession or similar rights if you don't continually remind them that it's an access right, not their land.

so he’s parking on your private property according to the land registry?

Oh I see
no it is not your private property
it is a private road
I live on one of them
law into their own!

they can park where they like

It’s your land so no, they can’t park there. You only need to allow access, not parking.
Is the gate theirs? I’d stick a ‘no parking’ sign up if it’s yours. If it’s theirs paint on the driveway maybe? Or deliver a sternly worded letter maybe?

Is this your front garden or back?

It’s not the OP’s land
it’s a private road
I live on one
it is not mine

@Sourgherkin op says they have a private drive but have to allow access, so it is their land, not a private road.

I’m no legal expert but I’d say they have access rights not usage rights so therefore should be parking on their side of the gate.

is it just that the son can’t be bothered to get out of the car to open the gate and drive through?

Even if that is the case that doesn’t give him the right to park on your land. Though as you’ll always have to give them access and they don’t seem to be getting the message is this maybe something that can be overlooked in the name of neighbourly relations?

Though it would also bloody piss me tight off too!!!!

@Sourgherkin
We have a driveway that can fit 3 cars, and we have to allow access across our drive for our neighbours to get to their drive, see diagram

If you read the OP properly, you would see that they own that access area.

no, its a private road according to the diagram

so you’re saying he is parking on your property according to land registry

So they’re parking on your drive. That Would be a hard no from me. Ask them to stop. It’s an access route, not a parking space. You could park there yourselves, your drive all that if they continue. Then see how pissed off they’d be.

Excellent diagram OP. I wouldn’t be happy with this either.

Can you add a sign to your fence close to the neighbours gate saying “do not park - private land”

I wonder how easy it would be for the neighbour to change their garden to allow the son to park his car side by side with neighbours car like this:

I think the road is a private road not owned by the op BUTs access to the neighbour’s involves driving past the OP’s property

Looks like Op and her own DS are blocking g access to their garage door

If you own the land and they only have a right of access over it, then assuming that right is expressed in standard terms “right to pass and repass” there is plenty of case law that makes clear it does not give them a right to park. By parking on your land they are trespassing, pure and simple. I would write a letter making clear that although they have a right to use the road to access their own land they have no right to park on the access road, and telling them to stop it.
.

Would their parking on access land inhibit the passage/parking for any emergency vehicles that might need access? We have some 'access land' along the side of our row of cottages and it gives access to the houses behind. Nobody is allowed to park on it because it would impede access for emergency vehicles for the other houses.

If your neighbour has rights of way yes, they can use it to access their garage/property.

No one, including yourself has the right to block a rights of way access, their son, or any other visitors should not be using it as a parking space.

I'm assuming as you say you have to allow access that it's written in deeds of the properties that you do so and wasn't just a 'gentleman's agreement' from previous owners.

It’s on our deeds that the land belongs to us.

Could you park all three of your cars parallel to one another and to the garage? As it is, you can't get out unless your dh or ds move their car so neighbours aren't blocking you. However, if the 3 of you were parked either front or rear pointing towards your garden, neighbours would have to block you in to park where they're currently parking and are probably much less likely to do that.

Obviously, it may not be possible to do that space wise but certainly worth trying if at all possible.

Agree the neighbours don't seem to understand that legally OP owns the area in front of her garden but has to allow access across it to their property, and access means passing across it, not parking. If they genuinely don't know this, it would be worth spelling it out in person while relations are still cordial! If they then ignore, a letter referring to the conversation would be a next step.

The op has yet to confirm that she “own” this “private road”

I live on a private road and it isn’t “owned” by any of the residents

I don't think you do see. OP's post makes clear otherwise.

And that you have to give your neighbours rights of way across your land to access theirs....or just be pleasant and allow them.to use it.

Either way.....

Access in the meaning of an area left clear for them/anyone who has the rights to pass through...
NOT
Use as their private parking space.
Maybe they don't understand the term access.