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Driveway access (Read 65995 times)
razor460
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Driveway access
Oct 25th, 2004 at 10:57pm
 
Hi,  Just wonder if anyone knows the actual rights of access re driveways. You hear so many stories - the most common one being that you do not have to be left access TO your driveway, but must be left access OUT of it. So if I am out a neighbour can park over my driveway and there is nothing I can do about it, but if my car is in there then my access must be left clear...??

I have a driveway at the front of my house, the pavement outside it is lowered (double width, as neighbour also has driveway) and there is a white line painted across (again double with, across 2 neighbouiring driveways)

Can anyone in the know clear this up for me, as I'd like to know where I stand when I get home from shopping, for example, and cannot get into my drive because a neighbour has parked over.

Also, would I be within my rights to phone the police to have a car removed if, say for example, I did not know where to contact the person, or it  was a neighbour refusing to move?
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just looking
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Re: Driveway access
Reply #1 - Jun 25th, 2005 at 1:41am
 
Folowing through a similar problem myself ive been advised its a police matter if they are causing an obstruction........would hazard a guess that "obstruction" means in either direction......phone the police anyway.........they will soon advise
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ace1997uk
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Re: Driveway access
Reply #2 - Jul 9th, 2005 at 8:42pm
 
hi with your kirb being lowerd no one can park in front of your drive and you are even more lucky as you have the white line  so no one can use the reson sorry never new kirb was lowerd but they can park across from your drive on the othere side of the road as long as again the kirb is not lower there for the house on  that side
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scout70
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Re: Driveway access
Reply #3 - Jun 16th, 2006 at 3:14pm
 
How do I stand if kerb not lowered?
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petrocelli
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Re: Driveway access
Reply #4 - Sep 11th, 2006 at 11:34pm
 
I'm a little concerned about the lack of legal input here...

If somebody is parking so as to prevent you accessing your property, then I believe this would most appropriately fall within the sphere of "nuisance". Although some might say "trespass" would be more apt.

Regardless, the primary remedy for either is what is known as an "interdict" i.e. a little piece of paper that tells your naughty neighbour to stop parking over your driveway. In order to get your sheriff to grant an interdict, you will need to gather evidence. Timed and dated photographs and a series of correspondence sufficient to show a protracted course of conduct should be fine. We're not talking a "one time deal" here.

If you manage to get the result you're looking for from the police then more power to you, however, given that THIS IS NOT A CRIMINAL MATTER, then frankly the police would be entirely within their rights to tell you to sod off and quit wasting their time, if you catch my drift. The police have better things to do than to settle neighbour squabbles (even if you are entirely in the right).

On the subject, I think perhaps "just looking" is thinking of traffic causing an obstruction on the highway, which is, of course, a completely different matter entirely.
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grumpy
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Re: Driveway access
Reply #5 - Sep 14th, 2006 at 4:53pm
 
Can't believe the nonsense being spouted here.

I assume you own your property. If so, you must ALWAYS look at the title deeds first. There you will see the conditions section of your title which will set out access rights (servitude to be technical). If your house is on a new build estate the developers will have this covered.

Once you check this out you should then have a friendly word with your neighbour- I can't believe that anyone would encourage you to seek an interdict!! They obviously have never had to deal with the practicalities of a neighbour dispute which are a nightmare to resolve once you get into court. You still have to live beside ecah other and life is even more miserable with every little thing blown out of all proportion.

Petrochelli-stop giving such cack handed advice and come into the real world.
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petrocelli
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Re: Driveway access
Reply #6 - Sep 14th, 2006 at 6:35pm
 
Grumpy.

1. Read the post.

Quote:
I have a driveway at the front of my house, the pavement outside it is lowered


Do you genuinely believe in light of that comment that a servitude right of access is going to show up in his titles?! I accept it is possible, but it seems unlikely.. It seems far more likely from the description provided that razor460 owns the land that his relatively short driveway sits on, as opposed to, for example, some large sprawling driveway running over land owned by the disponer, in which case a reserved servitude right of access would be an issue.

You seem to have assumed this guy lives on a new development? Why? Your suggestion to "check the titles" would only be of relevance in 2 situations:

(1) If this were a relatively new registration, and thus affected by the requirement to dual register burdens. In this set of circumstances, then yes, there may be something in his title deeds which points to the fact that his neighbour is allowed to park in the manner descrbied. However, unless it is a recent registration, and thus the burdens are dual registered, then what the hell would be the point in him checking his own title deeds? To confirm that he has access to his own property along his own driveway? What possible good would that do?!

(2) If it is not a recent registration, the only other way your post makes any sense is if you're actually suggesting that there is a burden in his title deeds allowing his neighbour to park on his driveway. Now who's living in the real world ? ! ?

And speaking about being realistic - how do you know his title is on the Land Register? You've just essentially advised someone who doesn't have a clue about conveyancing to do an examination of title, and potentially trawl through a mass of Sasine Deeds he knows nothing about. That's some really helpful advice...not.


2. This guy's talking about phoning the police. Don't you think that implies by definition, that this has gone beyond the point of "having a friendly word"?

3. This may surprise you, but for once I completely agree with this (slightly amended) comment:

Quote:
neighbour disputes.. are a nightmare to resolve once you get into court. You still have to live beside ecah other and life is even more miserable with every little thing blown out of all proportion


This having been said, however, the question being asked was what razor460's "actual rights" were, and what the recourse was in terms of Criminal law. Given that there was none, and that this falls within the scope of Civil Law, I provided the information that was asked for.

If Razor460 wants to pursue this matter through the courts, then whether or not I think that is a good idea, it is his right to do so.

However, seeing as we are now espousing personal opinion, rather than answering the question which is asked, for the avoidance of doubt Razor460, I qualify my previous information by agreeing with grumpy that generally speaking the civil courts may not be the most appropriate forum for resolution of neighbourhood disputes, and that a friendly chat WHERE POSSIBLE is, of course, always preferable.
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« Last Edit: Sep 14th, 2006 at 10:15pm by petrocelli »  

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grumpy
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Re: Driveway access
Reply #7 - Sep 15th, 2006 at 3:38pm
 
hi Petro,

seemed to have touched a nerve here!

You have read my post too literally. I do not expect a lay person to check their titles themself but most will see a lawyer. In any issue involving land, no advice should be given without checking the title position as any general advice about land rights can be fraught with danger.

I also stated "if" his property was on a new build estate. I assume nothing before I comment.

The main point I was making is that you were advising him to go for an interdict without knowing how bad things had got or if it was beyond talking to the neighbour. I have dealt with such disputes for years and they never end well once the courts get involved.
I'm glad you saw the common sense of what I was saying but you need to consider the effect on the poster of you giving shoot from the hip advice. Many of these are ordinary punters and if you tell them something they may act on it. You are not covered by indemnity insurance on this site so great care must be taken that you do not couch your "advice" in such "authoritative" terms.

much of what you post may be technically correct but maybe you could be less encouraging to rash action.
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Joe the Doe
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Re: Driveway access
Reply #8 - Sep 16th, 2006 at 1:41am
 
Personally, i think petro is conspicious in his reasoning and advice. An interdict would be an adequate solution. I advise Grumpy to stop with his continous crap that i've also come across in other posts.
Quote:
Posted by: grumpy Posted on: Sep 14th, 2006, 11:53am
Can't believe the nonsense being spouted here.

I assume you own your property. If so, you must ALWAYS look at the title deeds first. There you will see the conditions section of your title which will set out access rights (servitude to be technical). If your house is on a new build estate the developers will have this covered.

Once you check this out you should then have a friendly word with your neighbour- I can't believe that anyone would encourage you to seek an interdict!! They obviously have never had to deal with the practicalities of a neighbour dispute which are a nightmare to resolve once you get into court. You still have to live beside ecah other and life is even more miserable with every little thing blown out of all proportion. 

Petrochelli-stop giving such cack handed advice and come into the real world. 
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grumpy
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Re: Driveway access
Reply #9 - Sep 20th, 2006 at 5:30pm
 
Looks like Simba is short of a common sense gene too. If he is or intends to become a lawyer then we can expect to see him rushing to litigation at every turn. What a pity.
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Joe the Doe
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Re: Driveway access
Reply #10 - Sep 21st, 2006 at 12:57am
 
Grumpy, please can you keep your baseless opinions to yourself.
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