Driveways + Blocking

Richie said:
A public carpark is not a public RoW? :confused:
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I said right of way not a public right of way.

E.g I had a terrace house years ago that granted me access on a shared driveway to a certain point, even though others had access past that point I didnt.

If they have right of way they cannot be blocked in, since by doing so you have breached their right. If the do not have right of way then you can, ie they have no rights to use that to get access to and from.

Solicitors should check this during a purchase, do you have a right of way to and from the property. You can buy properties with no right of way should someone piece meal sell land, this happens with back gardens that developers want. They often spend a lot on buying a property to demolish or on buying an access point off someone else.

Just because you can gain access from a certain point does not mean you have a right to do so if you are crossing anything other than from a highway is my understanding.

Councils can be very funny about access and rights, I have known someone to be done for no road tax as his vehicle was in a council owned residents carpark they decided that they would deem it to be "on road" and hence the DVLA won its case. (SORN hadnt been completed but that was optional at the time)
 
Noxia said:
No sir, it's in rather an odd place, it is level with the pavement/path that is level with the carpark and road. The space directly infront of their drive is still the public carpark.
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this may sound silly but.
is this space marked as a parking place? ie, white lines
or usually if you are not allowed to park in that bay, they will have diagonal yellow lines painted in the bay
 
j.col said:
this may sound silly but.
is this space marked as a parking place? ie, white lines
or usually if you are not allowed to park in that bay, they will have diagonal yellow lines painted in the bay
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I live in a village that is notoriously difficult to get planning permission in for anything. There are no lines anywhere. I say car park it's really just an off road area where people park and is there to function as such. Might be easier if I get a picture. When the websites back up I'm going to check to see if they got permission for the driveway first, but considering the owner of the house I expect that to be fine.
 
^TANK^ said:
Expect a keyed car then more than likely.
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Not that sort of place I live in. Plus my car is a POS, he'll be more annoyed when I return favour to the Range Rover and Mini ;)
It won't come to that, I'm going to get them round for a coffee and see if I can get him to give us a discount to extend our driveway (he owns a reputable building company) and then all is good. As I said, this thread was more for the curiosity not the fact I've set out to make anyones life difficult.
 
Do whatever you feel like because that's clearly what you're going to do.

GD : Hey, don't park there man, be considerate.
OP : But I'm not considerate and I think I'm going to park there anyway.
GD : Uh, so what do you want from us now?
 
robskinner said:
I said right of way not a public right of way.

E.g I had a terrace house years ago that granted me access on a shared driveway to a certain point, even though others had access past that point I didnt.
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Isn't that slightly different in that the land for the driveway is private whereas the description of the OP's situation is a driveway with public path at the end followed by a public carpark/wasteground area then the road?

The only difference between the OP's neighbours layout is that he has a public carpark between path and road whereas normal layouts are just a path between driveway and road.
 
:eek: :o You do not live in Bath!

I might change my location to Bath - chose Wiltshire instead of Trowbridge for erm, well, you live close enough to understand ;)
 
dodgem said:
:eek: :o You do not live in Bath!

I might change my location to Bath - chose Wiltshire instead of Trowbridge for erm, well, you live close enough to understand ;)
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Nobody has heard of my village so I chose the closest "big" city. Trowbridge isn't so bad, well I wouldn't want to go on a night out there anymore but yeah I hear you. I work in Trow ;)
 
Richie said:
Isn't that slightly different in that the land for the driveway is private whereas the description of the OP's situation is a driveway with public path at the end followed by a public carpark/wasteground area then the road?

The only difference between the OP's neighbours layout is that he has a public carpark between path and road whereas normal layouts are just a path between driveway and road.
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Yes it is a bit diff. Its difficult because it really depends on what rights exist for the users of said land. Say they have a contract/deeds that state carparking for 7 cars

And of course the deeds/access for the new property. If their deeds state they have a right of way then they are fine and you shouldn't block them in, assuming OPs doesnt clearly define that as a parking spot.

Its by far not uncommon for someone to rely on access that they have no specific right to use, as I said you always check with a solicitor that you have right of way if you do not have direct access to a highway.
Shared drives for example normally specifically mark an area you must not park on to allow access as you have a right of way. Parking restricts that right of way.
 
As I said earlier councils are a pain in these types of thing, they would probably not want to grant a right of way if it didnt already exist as it can devalue the land at a later date.
If its just wasteland then the chances are the people with the property have no specific right to get there, ie they have no right to demand access and if they are blocked in its basically tough.
 
As I said before I'm really not pursuing this to be an idiot (although it seems the majority ignored that part so I had to humour the little darlings). It really is a curiosity and I'm going to just pop round and ask them I think.
Interesting points you raise though, I'm not sure it's classed as wasteland, it used to be parking for people attending the chapel but it was also there just as parking for nearby residents.
Is there not a way I can view deeds or are they personal to relevant owners and the council? The planning website is down for my area so I cannot see whats going on in that respect.
 
Noxia said:
As I said before I'm really not pursuing this to be an idiot (although it seems the majority ignored that part so I had to humour the little darlings). It really is a curiosity and I'm going to just pop round and ask them I think.
Interesting points you raise though, I'm not sure it's classed as wasteland, it used to be parking for people attending the chapel but it was also there just as parking for nearby residents.
Is there not a way I can view deeds or are they personal to relevant owners and the council? The planning website is down for my area so I cannot see whats going on in that respect.
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So are you sure the council owns it? If it was for the chapel parking maybe it was church owned and they either still own it or the new purchaser owns it?
 
Noxia said:
As I said before I'm really not pursuing this to be an idiot (although it seems the majority ignored that part so I had to humour the little darlings). It really is a curiosity and I'm going to just pop round and ask them I think.
Interesting points you raise though, I'm not sure it's classed as wasteland, it used to be parking for people attending the chapel but it was also there just as parking for nearby residents.
Is there not a way I can view deeds or are they personal to relevant owners and the council? The planning website is down for my area so I cannot see whats going on in that respect.
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Why are you asking us these redundant questions? Call the council and/or CAB.
 
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