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parking in cul de sac - long but please bear with me

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Deb Gronow

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Jun 22, 2004, 5:45:46 PM6/22/04
to
hello I hope someone could assist.
I live in the corner house in a cul de sac. We don't have any parking
outside our house and only have our drive. Our neighbours along the
straight edge of the cul de sac believe they "own" the parking rights
outside their house and take great exception to anyone parking outside their
house. This despite them having a drive and garage which would take 4 cars
and a large frontage at least 3 cars width. No one in the street has as
much parking as them and when anyone has visitors it is a real problem.
We bought a caravan about 2 months ago and haven't got any long term storage
sorted out yet so have parked in on our drive. This means only once of us
can park on the drive now and we have taken to parking outside this
neighbours. They have taken great exception to this within 3 days of us
having our caravan and threatened us with the police. We said we weren't
causing any problems, and basically ignored them, however to avoid
confrontation we have taken to parking across our drive and blocking one or
other of us in.
They have now demolished about 12 feet of their front wall and installed an
extra 2 dropped kerbs and are planning to widen their drive to the full
width of the front of the house.
This weekend our other neighbours, had the builders in and bricks etc
blocked their drive, the workmen parked between our houses and meant I
couldn't park where I usually do, so I parked in front of my neighbours, in
front of his new dropped kerb but not over his original drive access so he
could easily have got in.
They came knocking our door threatening us with the police again if we
didn't move the car, when we said it wasn't blocking them in/out she said we
couldn't park across their dropped kerbs quote "why do you think we had this
work done".
Can they do this?
Do they really get access rights over the whole of this dropped kerb?
It seems grossly unfair that they can do this and impose on the rest of the
street like this?


Paul

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Jun 22, 2004, 5:57:23 PM6/22/04
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"Deb Gronow" <Deb.G...@nospamv21.me.uk> wrote in message
news:40d8...@news.greennet.net...

Contact the council to see if they had approval to drop the kerb. If they
did the work themselves, chances are they didnt. They dont look at this
lightly.
I've been in a similar situation (including van ;)) so good luck.
let us know how you get on

Peter Crosland

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Jun 22, 2004, 5:58:31 PM6/22/04
to
Assuming it is a road that has been officially adopted by the Council then
they need permission from the highway authority to make alterations to the
kerbs. Ask the council and if it is adopted then have a quiet word with the
highway people. If they do allow the dropped kerbs they will insist on it
being done to their specification. If your neighbour threaten you with the
police again encourage them to call them. The policy will probably have
words with them.

Snowman

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Jun 23, 2004, 4:52:03 AM6/23/04
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"Peter Crosland" <g6...@spamcop.net> wrote in message
news:2jroc8F...@uni-berlin.de...
Surely if you are doing nothing wrong, then you have nothing to fear from
the police, and they should confirm that no-one has a right to any part of
the public highway.


Benedict White

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Jun 23, 2004, 6:33:16 AM6/23/04
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Snowman <sno...@anisp.com> wrote:

> >
> Surely if you are doing nothing wrong, then you have nothing to fear from
> the police, and they should confirm that no-one has a right to any part of
> the public highway.

Yes, if it is an adopted road. In a cul de sac it *might* not be but
probably is.

The advice given on checking who owns the road (council or private) then
ask if they have permission.

The police are not a problem in any case, as they will not be able to do
anything on a private road, and will laught at them if it is a public
one.

If they have a dropped kerb without permission you could put in an
objection to the council.

However, please note that neighbour disputes seriously devalue a house.


--
Kind regards

Benedict White

I am not a lawyer.

Please note that my email address is not checked regularly and will
be used for harvesting UCE. If you want to email me work out my address
from the following, my first name at law 4 free daht org daht uk.
If this cause accessibility problems to those who are blind etc., please
post a follow up, and I will try and improve the situation.

tarquinlinbin

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Jun 23, 2004, 8:40:57 AM6/23/04
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On Tue, 22 Jun 2004 22:45:46 +0100, "Deb Gronow"
<Deb.G...@nospamv21.me.uk> wrote:

>hello I hope someone could assist.
>I live in the corner house in a cul de sac. We don't have any parking
>outside our house and only have our drive. Our neighbours along the
>straight edge of the cul de sac believe they "own" the parking rights
>outside their house and take great exception to anyone parking outside their
>house. This despite them having a drive and garage which would take 4 cars
>and a large frontage at least 3 cars width. No one in the street has as
>much parking as them and when anyone has visitors it is a real problem.
>We bought a caravan about 2 months ago and haven't got any long term storage
>sorted out yet so have parked in on our drive. This means only once of us
>can park on the drive now and we have taken to parking outside this
>neighbours. They have taken great exception to this within 3 days of us
>having our caravan and threatened us with the police. We said we weren't
>causing any problems, and basically ignored them, however to avoid
>confrontation we have taken to parking across our drive and blocking one or
>other of us in.

So you bought a caravan,parked it on your drive,you have one other car
on your drive but to save you the inconvenience of moving the other
car,you left the entrance/exit of your drive clear and blocked someone
elses?? .If thats the case then that seems unreasonable to me. It is
wrong to ensure convenience for yourself at the expense of someone
else. You should either park on your drive or across your drive but
not across someone elses. If there is no space then park somewhere
else but dont block someone elses driveway!!.

I had a similar debate recently. Apparently the Police can act if a
car is prevented from moving from a drive to the highway (obstructng
someone in the lawfull use of the highway),but they are unlikely
to/cant act the other way round,i.e moving from the highway to the
driveway as the driveway is private property and not part of the
highway...

>Do they really get access rights over the whole of this dropped kerb?
>It seems grossly unfair that they can do this and impose on the rest of the
>street like this?
>

You were quite happy to keep your drive clear whilst parking across
his frontage?

bigbrian

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Jun 23, 2004, 8:52:54 AM6/23/04
to
On Wed, 23 Jun 2004 13:40:57 +0100, tarquinlinbin
<noe...@myrealbox.com> wrote:

>I had a similar debate recently. Apparently the Police can act if a
>car is prevented from moving from a drive to the highway (obstructng
>someone in the lawfull use of the highway),but they are unlikely
>to/cant act the other way round,i.e moving from the highway to the
>driveway as the driveway is private property and not part of the
>highway...

They *can* act either way. They're unlikely to do so either way.

Brian

Benedict White

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Jun 23, 2004, 9:05:35 AM6/23/04
to
tarquinlinbin <noe...@myrealbox.com> wrote:
> On Tue, 22 Jun 2004 22:45:46 +0100, "Deb Gronow"
> <Deb.G...@nospamv21.me.uk> wrote:

> So you bought a caravan,parked it on your drive,you have one other car
> on your drive but to save you the inconvenience of moving the other
> car,you left the entrance/exit of your drive clear and blocked someone
> elses?? .If thats the case then that seems unreasonable to me. It is
> wrong to ensure convenience for yourself at the expense of someone
> else. You should either park on your drive or across your drive but
> not across someone elses. If there is no space then park somewhere
> else but dont block someone elses driveway!!.


I think you will find on re reading the OP's post that the neighbours
claim to own all the road in front of their house and have an original
dropped kerb which the OP is not blocking and has no intention of
blocking. The OP's neighbour has now dropped the kerb accross the whole
of his frontage, possibly without consent, in order to stop anyone else
parking there.

I do not see on the facts presented by the OP, that the OP is being
unreasonable.

Demetrius Zeluff

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Jun 23, 2004, 12:23:14 PM6/23/04
to
tarquinlinbin <noe...@myrealbox.com> wrote in
news:hauid0h6e3ab99gi7...@4ax.com:

> So you bought a caravan,parked it on your drive,you have one other car
> on your drive but to save you the inconvenience of moving the other
> car,you left the entrance/exit of your drive clear and blocked someone
> elses??

No. learn to read.

Daytona

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Jun 23, 2004, 4:33:38 PM6/23/04
to
"Deb Gronow" <Deb.G...@nospamv21.me.uk> wrote:

>Our neighbours along the
>straight edge of the cul de sac believe they "own" the parking rights
>outside their house and take great exception to anyone parking outside their
>house.

Some properties do indeed include the road. Get a copy of a title plan
of the neighbour/s concerned from
<URL:http://www.landregisteronline.gov.uk/>. Unfortunately I believe
that only property transactions from the last few years are on the
database.

Daytona

Angus Marshall

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Jun 23, 2004, 9:15:42 PM6/23/04
to
Deb Gronow wrote:

> hello I hope someone could assist.
> I live in the corner house in a cul de sac. We don't have any parking
> outside our house and only have our drive. Our neighbours along the
> straight edge of the cul de sac believe they "own" the parking rights
> outside their house and take great exception to anyone parking outside
> their
> house. This despite them having a drive and garage which would take 4
> cars
> and a large frontage at least 3 cars width. No one in the street has as
> much parking as them and when anyone has visitors it is a real problem.
> We bought a caravan about 2 months ago and haven't got any long term
> storage
> sorted out yet so have parked in on our drive. This means only once of us
> can park on the drive now and we have taken to parking outside this
> neighbours. They have taken great exception to this within 3 days of us
> having our caravan and threatened us with the police. We said we weren't
> causing any problems, and basically ignored them, however to avoid
> confrontation we have taken to parking across our drive and blocking one
> or other of us in.
> They have now demolished about 12 feet of their front wall and installed
> an extra 2 dropped kerbs and are planning to widen their drive to the full
> width of the front of the house.

Have you checked local planning regs ? Can they do this without planning
permission ?

> This weekend our other neighbours, had the builders in and bricks etc
> blocked their drive, the workmen parked between our houses and meant I
> couldn't park where I usually do, so I parked in front of my neighbours,
> in front of his new dropped kerb but not over his original drive access so
> he could easily have got in.
> They came knocking our door threatening us with the police again if we
> didn't move the car, when we said it wasn't blocking them in/out she said
> we couldn't park across their dropped kerbs quote "why do you think we had
> this work done".
> Can they do this?
> Do they really get access rights over the whole of this dropped kerb?
> It seems grossly unfair that they can do this and impose on the rest of
> the street like this?

Check who owns the roadway - if it's deemed to be a public highway and no
parkling restrictions are in force, then they probably have few legs on
which to stand.

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