Drive area access

[MalandJo]

We live in a property with a decent sized triangular communal area , which we own but the other residents have access through to their drives/garages . We are plot 129 on the attached image .We have 2 cars ,one being parked on the drive in front of our garage , one next to our house on the 45° angle .
All the garages are accessible with us parked in this way . The deeds only disallow parking a commercial vehicle,caravan or unroadworthy vehicle on the communal section .
Today , after 7 years,the newish neighbour in plot 126 has complained that he has to reverse out and wants us to park one of the cars on the road .
Now it's not tight or difficult to do , he would just rather not reverse out for safety reasons .
Things are still relatively cordial but I am wondering what people's thoughts are.
I think I'm OK legally and I don't want to be falling out ,but I don't see us parking on the road as reasonable when we're blocking nobody's access .

You need to read the covenants in the old transfer document that the plan is in.

I suspect there will be a covenant saying not ton park on the yellow land...

Do you have 1 car bigger than the other
If the car on your drive is smaller could you swap?
Is there any way you could get a bit tighter in?

Alternatively are the bays numbered in the communal area?
If so can you suggest swapping (therefore showing him that he is just incompetent when you get by fine)

To those saying reverse in
Surely if your are incapable of reversing out, then you would be incapable of reversing in. No?
Reversing is reversing whichever way you go.

If you are incapable of reversing you shouldn't be driving

For safety it is usually advised to reverse in to places ( eg parking ) and drive out forward

As far as I can tell at no point has the OP said that the deeds specifically say she can park her car on the land that is designated the communal area.

@GasPanic it is what the deeds state can't be parked there that tell you what can be parked there

"The deeds only disallow parking a commercial vehicle,caravan or unroadworthy vehicle on the communal section"

That tells you she can park a car on it otherwise it would specify no motorised vehicles of any description. Deeds are very specific and it is all about the wording which OP provided. This isn't an old house where cars were not considered.

The covenants do not state that . They prohibit commercial vehicles , caravans and unroadworthy vehicles only. They do talk about right of access , which we are not preventing as demonstrably he can get in and out .

This just in .
This an image from the Land Registry showing his boundaries.

We have now emailed our solicitors with the query ...fingers crossed .
I feel we are within our rights but you just never know .

Have you done the same for your property. I know you have the plan with the lines but have you got the land registry version

we are in the position of your neighbour - we have right of access over the neighour's drive to get to our property.

when we moved in, our lawyer said that, in theory, right of access means that no one can ever park on the drive because that prevents the others getting access.

in practice, we've agreed with the neighbour that we can both park next to each other (on his land) because that works out better for everyone. but if there were ever a dispute with the neighbour, we could in theory enforce the 'no parking' rule.

kitsuneghost . We are willing to be reasonable. We are going to push up to our garage to give as much room as possible . We don't want to be on bad terms with any of our neighbours.

But if we can't make him happy , well we will only go so far and he will have to suck it up.

Yes , backs up our paperwork.

OP it depends on the terms of his right of way over the access . Normally it is pretty specific both in your deeds and his . Standard legal drafting would normally prohibit you blocking that shared access at all . You are relying on ‘covenants’ which is different .

@Grouchygardener

I agree.

I think what rights the neighbour has over the shared area is more relevant than his actual boundary and the OPs.

I am guessing one of two scenarios. One is that all the properties have general access rights to the shared area. In that case then I would say that technically no one can park on it, as parking on it denies access to that part of the area.

The other is that they only have access to the shared area for the specific purpose of accessing their properties. If that is the case, then I think if a dispute arose you would have to prove that you are not restricting anyones access by your parking.

It will be interesting to see what the solicitors think - but as usual the interpretations people can give on here are only as good as the information posted !

Wow, you are absolutely on the ball here. Bravo.

Always better to agree like grownups . We have had no issues for 7 years . He has been getting in and out for 2 years . He didn't ask us to move up to give him a bit more room he went straight for asking that we park elsewhere .
I am not feeling the love at the moment but want to be sure of my ground before I tell him "regrettably we aren't going to be able to do that"

Would it be this bit " A right of way at all times and for all reasonable purposes ( in common with all others entitled to the right ) over and along the road or roads and the footpaths thereto forming part of the Estate ..."

OP the right of way over the Estate roads is a right of way over the roads that are intended to be adopted / have been adopted by the local authority normally - keep reading though and you will come across the relevant bit

Or maybe this
" A right of way ( for the benefit of the adjoining or neighbouring land intended to be benefited ) at all times and for all reasonable purposes over and along those parts of the common entrances driveways footpaths or accesses shown on the plan forming part of the property and serving the same and any adjoining or neighbouring land subject to the payment of a joint and equal proportion of the cost of maintaining and repairing the same."

That looks like your right of way over any accesses . The ones reserved over the access you own for the benefit of others will probably be very similar . Your solicitor will tell you definitively .

Yes, that's the bit. So you can park on it your land, you just can't block anyone else's access to their drive way in doing so. They cannot park as it's for right of access only (no stopping).

Thanks . Still plan on being reasonable but good to know . I'll let the solicitor come back to us before any conversations though .

@MalandJo why do you think he has now got a problem driving his car out after 2 years? Seems strange that he was fine doing it before now. How well do you know the other neighbours? Has something happened between him and them? From the scale of the drawing (not that reliable in terms of actual dimensions) it would seem he has acres of room to get his car out. So why now? Unless he is looking to move himself.

Good that you are checking with your solicitor. Be aware though that disputes with neighbours over parking, access, boundaries, fences, whatever, make solicitors rich and they don't have to live next to the crazy. Best thing is to keep it all pleasant without being a pushover so I wouldn't stop parking there but agree to put the other car closer to the garage. Hopefully he hasn't got a fragile ego over not being able to reverse a car.

Sadly , the lady who lived in plot 127 has recently passed away . They didn't have a vehicle but there has recently been a big Porche Cayenne half in and half out of their driveway whilst they clear the house and garage . This makes it more awkward for everybody but in the circumstances , especially with it being a short-term thing we have just being getting on with it . I haven't felt the need to complain as access has never been blocked and they have enough to deal with .
This may have prompted the exchange .
Long-term we will no doubt be getting new owners who I guess will need to park on their drive .
We certainly won't be being difficult and will accomodate ...short of parking on the road .
Overall I think he just needs to get his big boy pants on and get on with it .

@MalandJo ah that makes sense, do you think it is shining a spotlight on his reversing ability? He even has a reversing camera and no doubt parking sensors. What more does he want to assist him? back in my day you just looked over your shoulder and used your mirrors.