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Access Rights - Am I being unreasonable?

Discussion in 'Personal' started by pinkflipflop, Apr 20, 2011.

  1. If there is nobody parked behind the gate you can park there. If you park in front of the gate while somebody is parked behind it then you are breaking the law.
     
  2. PlymouthMaid

    PlymouthMaid Occasional commenter

    I don't think you are 'breaking the law' unless a dropped kerb has been put in.
     
  3. You are if the householder is unable to drive their car off of their premises. You are allowed to block them from getting in but not from getting out.
     
  4. So what makes your neighbour think they have any more right than you to park their car at the back?
    Where does this track lead ?
    I'm guessing that just because they put a gate in their fence that it does not automatically give them right of access to that gate.
     
  5. There's no dropped curb. She's just stuck a large gate in her fence so people can park on her back garden so they don't have to pay to park when they visit her.As we live in town visitors cant park on the street before 5pm and have to use the pay and display car park at the bottom of the street.
    People who want to park on next doors garden when they visit to drive across our garden to access it though which is why I was unsure if they're allowed to just stick a gate in and say they want to use our garden as a drive way. [​IMG]
    I went to see the women this morning and she's basically kicking up a fuss now as, although I've parked in that spot for over 6 months, her daughter now needs to regularly catch a train and doesnt want to pay to use the station car park. As we only live two streets away from the she wants unlimited access to her mothers garden. Grr.
    I've told her I don't mind coming out and moving it and when her daughter wants letting in and out and although she didn't seem too impressed she's accepting it at the moment.I've called my letting agent and they seem fine with it so hopefully her daugher won't kick up a fuss again.
    It really annoys that people think just because they live next door to student accomodation they can boss you around. I wouldn't of minded so much if she'd got her own car but why should I have no where to park so her visitors dfon't have to pay to use the car park [​IMG]




     
  6. So she is wanting you to stop parking in your garden so that her daughter can drive across your garden to park in her garden.

    I'd give her two words and the second one would be ..off.
     
  7. doomzebra

    doomzebra Occasional commenter

    With no dropped kerb, she has no rights whatsoever to the kerb in front of her property - tell her (politely or otherwise) that you will continue to park on the public highway howsoever you please.
     
  8. lapinrose

    lapinrose Lead commenter

    I don't think she is allowed to use your garden to access hers unless there is a legal agreement in writing. Ask your local Council or MP, but in my opinion she is in the wrong. Even contact CAB and ask them and you can probably get a 30min appointment with a solicitor free. But do ask as none of us has the experience to know the law about this.
     
  9. No, you're not being unreasonable.
    But I'm fascinated by the arrangement. I'd assumed there were two properties next door to each other that backed onto a pathway or something like that , and your neighbour had put a simple pedestrian access gate into a fence at the back. (So that people who parked at the rear could then walk up her garden to her house).
    Others (more perceptive than I am, obviously!) realised that it's actually a gate that allows vehicle access to her property.
    And it appears that access to this gate is via YOUR garden??
    I don't disagree with you at all, but could you explain a bit more? Please?? I just like to visualise things and I'm really confused [​IMG]
     
  10. There's a drive way for my property and the property the other side (not this neighbours)
    As mine and the opposite side have a drive way and space to park our cars the other neighbour decided she wanted a place for her visitors to park free of charge and put a large gate in her fence. Having parked there for over 6 months and not being asked to move I never thought anything of it until this week when she's been demanding I park else where.
    After showing willing and moving my car last night so her daughter could supposedly park up at 6am to go to the train station I woke up at 7.30 and her daughter hadn't even been.They were just trying to manipulate me to see if they could get their own way.
    As my landlords rubbish and hasn't got back to me about access rights I called the land registery and this women has no legal right to gain access to her property via my garden. So this morning I went round and told her. It was generally pleasent enough although her daughter was there and tried to make out that they hadn't demanded that I'd permanently move my car despite putting a note through our door and taping one to my car stating just that. I'm showing willing and have said I don't mind letting cars in and out of her property when I'm in but I've let her now that she has no rights so I am doing my best to be a good neighbour.I don't want to cause any unnecessary friction.

    I feel better now as I hate to feel like I'm being put on.
     
  11. Eva_Smith

    Eva_Smith Established commenter

    I may have interpretted this wrongly but this it how it sounds to me:

    Your house and your neighbour's house are side by side, with a garden/yard that is separated from the street behind by a fence. From what I can make out, the OP parks his/her car on the street behind their house alongside the fence at the back of the neighbour's house. This previously hadn't been a problem, but now the name has put a gate into the fence to allow her visitors to drive off the street and onto her garden, whcih she wishes to use as parking.
    The problem seems to be that if the OP continues to park alongside this fence (now containing a gate) they block access to their neighbour's property.
    In this case, the neighbour has no legal right over the street directly behind her house nad must apply to the council (and pay!) to have a 'no parking' zone placed directly behind her house. Until this point, the OP is free to park across her gate if he so wishes.

    However, I'm now confused because this was how I'd pictured it in my head, but now the OP seems to be saying that the neighbour's gate is positioned so that anyone wishing to park in her garden must access it via the OP's garden. This is ridiculous and totally not allowed. I can't get my head around why the neighbour would have done this and why she would feel she has the right to ask the OP to park elsewhere.
    If the first instance is correct, then I'd probably park elsewhere if there's a space available, but continue to block her gate if that's the only space available. She cannot dictate where everyone parks.
    If the second, I woulnd't budge an inch for any reason.
     
  12. This is the case.
    She did seem to think that she had the right to do this but hopefully now it is all cleared up.
    She kept mentioning how she'd live there for 50 years so I got the impression she felt that she could do what ever she wanted as she knows most residents will only live in my property for a year so they've prob let her walk all over them in the past.

     
  13. Utterly bizarre.
    If my neighbours put a gate in their fence so that they could try to access their garden via my driveway, I'd put a new fence up on my side, just to make sure they didn't do it while I was out!
    Not that you'd want to go to that expense, obviously, but you've been far more accommodating that I would have been.
     
  14. We have similar issues for our homes - though no animosity!
    There is a right of access agreement attached to the deeds - drawn up years ago, thus my neighbours have some limited rights of access, on foot.
    Likewise she would have to have the same drawn up and agreed by the homeowner etc. Obviously doesn't.
    BUT I do know that having been able to do some things for a certain period of time without objection can give the owner rights as a result of not being challenged.... but think its years rathe than months...
     
  15. Milkandchalk

    Milkandchalk New commenter

    Your neighbour would need permission from the council to install dropped kerbing.
    This is something that should have gone through planning permissions
     

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