Is there anyone on here with any legal knowledge that might be able to help with a neighbour dispute?

I live in a semi-detached house and in order to park my car round the back, I have to cross my next door neighbour's land. Both sets of deeds state that I have a right of access at all times and for any purpose. I've used it regularly for wheelie bins etc but until recently didn't use it for my car. However, I've had some building work done which has created a turning space so I've started to bring my car round the back. Next door neighbour doesn't like it and parks his car so that I can't get out without asking him to move it.

There's no disputing my right of access laid down in the deeds of his property and mine (I've got copies of both). His argument will be that I haven't used it for my car in the past so no longer have the right but I don't think you lose a right of access through non-use. He's been verbally aggressive towards me in the past so I'm nervous about trying to talk to him about it. Before I pluck up the courage, I need to be 100% certain that I've got a solid case.

I know this is totally off-topic but it's causing me quite a lot of stress - I keep waking up in the night worrying about how I'd get to the emergency vet if something happened to one of the cats in the night. If there's anyone who does have any legal experience and is willing to clarify my rights, could you pm me?

Thanks

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Best Wishes,
Karen <UK>
http://www.suntouchedbengals.com
http://www.bengalbreedersunited.co.uk

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Ginny

I've been looking at some access to property law. Here is a snippet that is sort of relevant to your case.

........ are not allowed to do any act upon or hinder, obstruct, restrict, prevent or otherwise interfere with the free and lawful use of the actual or claimed Right of Way by authorised persons for passage at all times and for all purposes on foot and with or without vehicles, and it is quite easy to obtain an Injunction against them if they persist.

The Law regarding not using for X numbers of years he was quoting. It's 20 years of no use and if you have walked around, taken shopping or your bins around the back this way then you have used it so he is talking claptrap. It is any use, not just vehicles.


I can remember about 30 years ago a situation similar happened to a friend of mine. They had one drive between the two houses; neighbour had garage for his car at the back of his property, my friend has a large shed for his motorbike(s). Neighbour kept parking his car on the drive so my friend could not get his bike around it to put in his shed. Dispute not pleasant. In the end legal address. My friend won. Neighbour liable for all costs and has to keep his car in the garage.

Thanks Sue, that's really helpful and confirms what I believe to be the situation. BeckyN, thanks also for your advice which also seems to confirm my views. In answer to your question, there are no areas specifically marked as being for parking but the deeds say my right of access is "with or without a vehicle".

It's a bit hard to describe but basically there are two sets of semi detached houses and I live in no1 which is to the far left as you face them. I'm joined to No2, then there's an access lane, then nos 3/4. All of us have a right of way down the centre lane (his garage is at the far end of that). Running across the back of all the houses is an area of hard stand and then the gardens. The deeds specifically mark the area at the back of No2 as a right of way for my house to access my hard stand/garden. He could park beyond the access area (before his garden starts) and did so when his family had 3 cars but he's now got a heap of pots on it and he's also put pots in front of his garage door. So, as things stand, if he stops parking on my access area, then he'd have to park in front of his house on the road (as I've done for 10 years) but it's his choice not to make use of the other space/garage available to him.

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