advice please

[Mrs Bucket]

Does anyone know what the situation is regarding blocking a private garage door It is in a cul de sac situated at the very end. There is a garage provided for each property. The problem is there is no room for manouvere on either side and a neighbour often does not leave enough room for me to get straight out or in. Does anyone know the legalities of such a situation. I have asked nicely but they soon go back to their old ways.

[pat]

check your house deeds - will explain everything there - if still not sure ask at police station or CAB or better still ask neighbour politely first to consider where they are parking.

[theone]

Speak to the council about getting 'keep clear' painted on the road.

[EDDIE]

I think if u cant get get the car in thats blocking but if u can get it in with a struggle its not blocking by law i think.You would need to look at your deeds and find out whats yours and whats his bit of land were the line is i dont think the police can do much about it because your on private land.
If its a nieghbour i wouldnt want to get all legal with them and run a risk of falling out with them.If i was you i would keep asking them politey mayebey there the type that needs little reminders all the time I no if i was your nieghbour i would soon get fed up with u remindeing me everyday.
I dont think i would fancy sharing a drive with a nieghbour its jusy pity there wasnt room to put a fence up

[dx100uk]

urm me thinks people should read the highway code once in a while:

The Highway Code section 243 forbids a motorist to park in front of the entrance to a property:

Quote:
243


DO NOT stop or park

• near a school entrance
• anywhere you would prevent access for Emergency Services
• at or near a bus or tram stop or taxi rank
• on the approach to a level crossing/tramway crossing
• opposite or within 10 metres (32 feet) of a junction, except in an authorised parking space
• near the brow of a hill or hump bridge
• opposite a traffic island or (if this would cause an obstruction) another parked vehicle
• where you would force other traffic to enter a tram lane
• where the kerb has been lowered to help wheelchair users and powered mobility vehicles
• in front of an entrance to a property
• on a bend
• where you would obstruct cyclists’ use of cycle facilities except when forced to do so by stationary traffic

And from the Traffic Management Act 2004 Part 6:

Quote:
86 Prohibition of parking at dropped footways etc.

(1) In a special enforcement area a vehicle must not be parked on the carriageway adjacent to a footway, cycle track or verge where—
(a) the footway, cycle track or verge has been lowered to meet the level of the carriageway for the purpose of—
(i) assisting pedestrians crossing the carriageway,
(ii) assisting cyclists entering or leaving the carriageway, or
(iii) assisting vehicles entering or leaving the carriageway across the footway, cycle track or verge; or
(b) the carriageway has, for a purpose within paragraph (a)(i) to (iii), been raised to meet the level of the footway, cycle track or verge.
This is subject to the following exceptions.
(2) The first exception is where the vehicle is parked wholly within a designated parking place or any other part of the carriageway where parking is specifically authorised.
A “designated parking place” means a parking place designated by order under section 6, 9, 32(1)(b) or 45 of the Road Traffic Regulation Act 1984 (c. 27).
(3) The second exception is where the vehicle is parked outside residential premises by or with the consent (but not consent given for reward) of the occupier of the premises.
This exception does not apply in the case of a shared driveway.
(4) The third exception is where the vehicle is being used for fire brigade, ambulance or police purposes.
(5) The fourth exception is where—
(a) the vehicle is being used for the purposes of delivering goods to, or collecting goods from, any premises, or is being loaded from or unloaded to any premises,
(b) the delivery, collection, loading or unloading cannot reasonably be carried out in relation to those premises without the vehicle being parked as mentioned in subsection (1), and
(c) the vehicle is so parked for no longer than is necessary and for no more than 20 minutes.
(6) The fifth exception is where—
(a) the vehicle is being used in connection with any of the following—
(i) undertaking any building operation, demolition or excavation,
(ii) the collection of waste by a local authority,
(iii) removing an obstruction to traffic,
(iv) undertaking works in relation to a road, a traffic sign or road lighting, or
(v) undertaking works in relation to a sewer or water main or in relation to the supply of gas, electricity, water or communications services,
(b) it cannot be so used without being parked as mentioned in subsection (1), and
(c) it is so parked for no longer than is necessary.
(7) In this section “carriageway”, “cycle track” and “footway” have the meanings given by section 329(1) of the Highways Act 1980 (c. 66).
( References in this section to parking include waiting, but do not include stopping where—
(a) the driver is prevented from proceeding by circumstances beyond his control or it is necessary for him to stop to avoid an accident, or
(b) the vehicle is stopped, for no longer than is necessary, for the purpose of allowing people to board or alight from it.
(9) The prohibition in this section is enforceable as if imposed—
(a) in Greater London, by an order under section 6 of the Road Traffic Regulation Act 1984 (c. 27),
(b) elsewhere in England and Wales, by an order under section 1 of that Act.

"The dropped kerb area is still public highway, and as such the public have a right to pass and repass (basically you should not be parking on the crossover) but you have the right to cross from the carriageway to your property via the legally constructed access.

It is against the law to block a legally constructed dropped kerb access to a property.

The Police have power of enforcement, and you are within your rights to call the Police if someone has parked in such a way as to prevent you access or egress (the right of a person to leave a property in property law ) at your property. The Police have the power to request the vehicle be removed, or to remove the vehicle.

The only time you would not have support of enforcement is if you were crossing the public highway illegally (bumping the kerb, driving over verge, driving over footway) to gain access to your property. If this were the case and someone parked where you illegally cross, then the Police could not be involved because you would be the one acting unlawfully, not the person parking outside the property. "


all of the above apply to a council maintained highway only though.

dx

[Creme_Egg]

ive just passed my theory test and the only exception to going on to a public highway is to gain entrance to a property, not sure on the droped kerb though, i know if you put a driveway in then u obviously have to inform the council im pretty sure its £1000 to put in a drop kerb.....

[Mrs Bucket]

Thanks to all replies dx100uk You have told me all I need to know. Great.

[pat]

some folk need a field to manouvere a mini - so how much room do you consider you require, are you a mini who thinks its a rolls royce or a rolls royce who thinks its a mini?

Many of my neighbours require the full width of the approach road, wide enough for 2 vehicles to pass very safely, if any vehicle is coming towards them they pull in and stop, they are so unsure of their vehicles width.

One of my visitors will not drive up the drive at the side of my house as he considers it narrow - there is at least 3 feet of concrete on either side of the vehicle.