Shared private driveway parking dispute - please advise

[lentilsoup]

Our home is at the end of a wide private driveway shared with four other properties. We own the driveway.

The deeds to all the houses on the driveway stipulate that the driveway is for access only, and not for parking on. There is, however, space to park a couple of cars on the driveway, although it makes access a bit tighter and more awkward.

One of our neighbours parks one of his three cars on the driveway pretty much all the time. This riles another neighbour, who maintains that the position of this other neighbour's car hampers access for delivery vehicles, makes maneouvering difficult, could prevent an emergency vehicle getting to/from one of our homes quickly, etc. She has asked said neighbour several times to park on his driveway (as his deeds stipulate he should). We have politely asked this too. He says he will when he's finished doing this or that in his driveway/garage. It doesn't seem to happen.

Things are coming to a bit of a head between these two neighbours. We get along brilliantly with all our neighbours, but the driveway is ours, and it's our responsibility to enforce that it is kept clear.

What do we do? Getting a solicitor involved seems so out-of-proportion, given that we are all pretty friendly. Yet simply asking doesn't seem to achieve much.

Argh. How do we resolve this and keep the peace? Thanks.

I would send him a letter pointing out what you have said and quoting that he said he would move it. Just say it needs to be kept clear and that you hope he will desist from parking on it. I would actually think about sending a general letter to everyone.

If he still does it then it's his choice and you should think about sending him a solicitors letter. If he is then rude/arsey with you or neighbours then again it's his choice.

Are you saying that he has too many cars to park on his drive if he has 3?

You need to keep it clear. If they are able to show that they have been using your land to park their car then you may have problems retaining the title of the land where the cars are parked. can't you park something there yourself?

Could you put something there to stop him parking - a couple of planters for example? If that doesn't work I'd have a formal word, and say that if he doesn't stop parking there then you will have to take it further. If he still doesn't stop then I'd send a letter stating your intent, then if he still doesn't stop I'd get a solicitor involved. Horrible situation for you to be in

Thanks, Laurie. Said neighbour bought the property a few years ago and extended it and created a new driveway and garage which, between them, should accommodate three cars (if the garage is kept empty and can therefore fit two cars in it). He went from two cars to three cars last year when he bought himself a sports car. I think this dimension makes it somewhat infuriating because he extensively refurbished and extended the house, and its parking provision, knowing what the deeds say. During building work, we were advised that once the garage was built, the car(s) would be off the driveway. It is now built, and he has part-filled it and bought a third car. He has also intimated that his teenager will no doubt be getting a car in a few years' time.

But to answer your question, technically, he has enough parking space. The sportscar is currently in bits in the double garage, which is why there is one car on the drive most of the time.

The neighbour who is most affected by his parking has said she intends to speak to him for a last time, and say that she will need to involve me in a legal capacity if he doesn't cooperate - she's hoping the prospect of involving me in what is largely their dispute will get him to sort himself out.

Thanks for your general-letter-to-everyone advice.

Cross-posted. Thanks, scrooged and paolo. We have just the one car and an over-sized driveway ourselves, so parking in "his" spot (immediately outside his cottage) would look more than a bit passive-aggressive TBH. I'm afraid the planters could have the same effect - I think because he has been asked so many times, it would be obvious what we were trying to do, IYSWIM.

It's tricky because there is space to park there really, although as I said it does make things a bit tighter for two of the remaining four neighbours (including us). I wonder if I'm being a bit anal to insist he keeps all vehicles off the drive. It's a tall order to keep a double garage empty enough for two cars ... but then I guess he didn't have to buy the third.

Also, we have said that if they ever have visitors, they can park in our driveway - crucially, it would keep vehicles off the shared bit.

Argh. I'm conscious that if I don't respond, one neighbour is going to involve me whatever - and if I do stick my neck out and insist the driveway is kept clear, other neighbours may think I'm making a mighty fuss out of this. And I just want to continue being friendly with all of them!

Thanks for your advice. I'll mull it over.

Mmm, tricky one. I suppose that if the deeds stipulate that the driveway is for access only and not for parking, and he bought the house accepting those deeds - as did everyone else - then he really can't complain if you ask him to stop parking there.

Hope you manage to resolve things

It's a drive, not a car park . It's also part of your land. You wouldn't allow them to park on your garden would you? I wouldn't be so nice. He has space to park two, if he wants more than he should move to a bigger house or offer to buy the space from you.

If you are worried about how you will look to the neighbours, how about getting them all together to discuss and resolve? That way you are the peacemaker not the enforcer.

Or send a letter round to everyone saying you are going to make some parking spaces available on that bit of road. And you will only charge £50 per day.

I agree with LBAM - get everyone together for a meeting. Could you play it a bit naive, maybe suggest that there seems to be some confusion over the permitted use of the driveway, so if everyone brings a copy of their deeds they can be compared to ensure they all say the same thing. Then you can all "discover" it at the same time, rather than you being the one to lay down the law. If that makes any sort of sense!

If you can't resolve the situation amicably, then I think you will need to involve a solicitor, or contact the CAB for advice.