I would like to know if there is a legal limit to how close you can park next to a driveway? I have issues with my neighbours parking partially over and completely blocking my driveway, which restricts exit and entrance. I also have a tree to contend with and a busy road. I have come to the end of my tether but don't want to upset anyone (unlike my neighbours!)
(H.H, 20 July 2009)
A.
Parking over and blocking a driveway belonging to someone else is one of the most common reasons that people end up falling out with their neighbours. It's rude, discourteous and can cause a whole lot of problems, especially if access to the driveway is completely blocked in either direction.
When faced with this situation, many homeowners try to fight fire with fire and come out brandishing a copy of the Highway Code which in paragraph 243 requests that motorists "DO NOT PARK in front of an entrance to a property".
However, if they take things further and report the offender to the police - it often comes as a big surprise to find out that it isn't actually illegal for a motorist to park in front of a private driveway, despite what you think the Highway Code is saying. The important thing to pay attention to is the language used in the rulings. If 'Do not' is used, then this is advisory and should be followed - but there is no legal comeback if a motorist chooses to ignore it. However, if the rule states 'Must not' then this is a legal requirement and the driver must therefore obey it or if caught or reported, face legal action.
So, ultimately, this is down to a question of courtesy and respect between you and your neighbours. If you do suffer from a repeat offender who insists on blocking your driveway then do be careful. As you are not backed up by law, the best thing you can do is to approach them calmly and try to sort out the situation amicably. If they aren't interested, or continue to ignore you and park in front of your property, blocking your access, then unfortunately the only thing you can do to ensure that you have full access to your drive is to park somewhere else - perhaps, if you're a fan of irony and you can get there first, even in front of your own driveway. If you do this often enough they'll probably get bored and give up.
It does seem incredibly unfair that someone can do this when you have forked out for a home with somewhere safe to park your car off the road - and if you are blocked ONTO your drive, then you might find a kind police officer who will make enquiries for you, contact the owner and ask them to move their vehicle. However the police are not bound to act as according to the Highway Code every driver has a right to park anywhere on a public highway except those places which are expressly forbidden.
I live in a row of houses set back off the road, along the front of the house is a public pathway with an area of grass between that and the roadway.There is a clearing outside each property to enable cars to be driven from the driveway to the property onto the road.The roadway is very busy and we are rarely able to reverse the car into the driveway to enable us to drive out.
This morning while reversing the car out of the driveway we were hit by our neighbours (next door but one) driving along the pavement with the intention of using the area that is directly outside our gate to get onto the road.
They have insisted that it was our fault even though we were driving very slowly.They said that through out garden fence they could see my husband looking the other way, firstly I would like to point out that he was looking both ways as he as to and secondly, why would he anticipate someone driving along the footpath when he was merely making sure he was going at a safe speed while keeping an eye out for pedestrians as well as traffic on the main road that we were reversing onto.Surely, if she was driving along a footpath she was in the wrong and also, if she said she could see him looking the other way, why didn't she stop in the first place?
Apparently, she drives along the footpath to the clearing that we use because her neighbours park in the clearing at the front of their house, surely it is her responsibility to ask her neighbours to move their cars rather than drive along a pathway?
Senorita Kazza - 7 January 2012 @ 12:19 PM
I have problems with my neighbours who let their friends park on my driveway. I have spoken to them but I am in the wrong they are only dropping their children off or some lame excuse, they do this even if my neighbours drive has room ffor them to park and their is laways some where to park on the road they may have to walk a couple of yards. This only boils down to manners as I repeatly told them none of our visistors opark on their drive or blocking it. How do I stand legally.fred
fred - 9 October 2011 @ 5:31 PM
my deeds show my property line is actually the middle of the road and as proven to the police they say that parking requires my permission and that I can prosecute offenders. normally on council estates the property line does not extend to the street only to fenceline.
on football days the people next door charge upto three cars to park on there drive.
disquo - 29 August 2011 @ 7:27 PM
Is there a law against parking in front of your house,partially on the pavement and partially blocking the drive whilst undertaking car maintenance e.g changing wheels. ?
fedup - 15 July 2011 @ 6:56 PM
Sugar in the gas tank will fix them up!Can't block your driveway when the car is in the shop getting the engine overhauled.And people like this probably couldn't afford to get the engine overhauled anyways.
DJE - 12 July 2011 @ 8:22 PM
This country is utter rubbish just look at the farce of someone entering your house,you tackle them and they sue you what gives.its about time the law honoured the rights of law abideing people instead of the agrivater.in America you would get the car impounded
magpiemale - 24 June 2011 @ 10:40 PM
I too have problems with rude neighbors parking over the driveway line.I don't understand why a home owner has no legal right to stop a person who is doing it intentionally just to be disrespectful and annoying.If this is a big problem why doesn't the law address it, to eliminate rude people from making decent people's life problematic.What can I do to get lawmakers to look at this problem and change it.
The alternative of parking over their driveline seems to be a way to just make the problem worst.
