Vehicle Access To Property Down Footpath

[Adz The Rat]

Hi guys, a bit of help please.

We live in a small row of 6 terraces with a footpath in front of them joining them, with gardens to the opposite side to the houses. Street view:

https://www.google.co.uk/maps/@53.7783726,-2.68078...

The footpath in question is where the builders van is parked.

Now my question is this, would that path be classed as vehicle access? To me its a footpath. But the house at the far end say its their driveway and park 2 cars at the end. It wouldn't really bother me but they drive up it far too fast, with door mirrors brushing the hedges! Im worried about my dog being hit if she is in the garden and wants to see what the noise is. Im always with her, she isn't let out on her own but still.
And the major problem bugging me is they damaged my girlfriends car last year by squeezing past it, we confronted them and reluctantly they paid for the damage. Now my car has damage which looks to be caused by someone squeezing past and Im fed up with it.

Ive checked the land registry to see their boundaries, attached below:

http://thumbsnap.com/lZXRGhEl

So my question is, is it a driveway and should they be squeezing down??

[herewego]

It appears to be a public road running through the middle of your property.

[Antony Moxey]

According to your plan it certainly isn't their driveway. Why not just park outside your house and tell them you won't park there again if they won't.

[ozzuk]

What do your deeds say about access? To use it you'd need an easement and it should state what kind of access. Perhaps they own it on a separate deed? Parking looks like a nightmare for all those properties, the curved area looks like it should be kept clear for people turning the corner - so where are you parking that someone could hit you??

Edited by ozzuk on Wednesday 29th March 18:05

[TooMany2cvs]

Adz The Rat said:

So my question is, is it a driveway and should they be squeezing down??

You need to look at their LR entries, and see if they have vehicular access granted for that roadway. It probably isn't a public vehicular RoW, but you can confirm that with the council's definitive map.

[Adz The Rat]

TooMany2cvs said:

You need to look at their LR entries, and see if they have vehicular access granted for that roadway. It probably isn't a public vehicular RoW, but you can confirm that with the council's definitive map.

Is that defined on the map above or is it something I would need to get from the council?

[Adz The Rat]

ozzuk said:

What do your deeds say about access? To use it you'd need an easement and it should state what kind of access. Perhaps they own it on a separate deed? Parking looks like a nightmare for all those properties, the curved area looks like it should be kept clear for people turning the corner - so where are you parking that someone could hit you??

Edited by ozzuk on Wednesday 29th March 18:05

We usually park in the curved area, it's still accessible to the alleyway with 2 cars there. However, if the end house in the main road park in front of their garage, it's very tight for the culprit in question to get down this footpath.

When these properties were built they really didn't think of parking as it wasn't an issue!

[Rude-boy]

TooMany2cvs said:

Adz The Rat said:

So my question is, is it a driveway and should they be squeezing down??

You need to look at their LR entries, and see if they have vehicular access granted for that roadway. It probably isn't a public vehicular RoW, but you can confirm that with the council's definitive map.

This plus lots more but it's the best starting point without speaking to them about it first.

[cmaguire]

Rude-boy said:

This plus lots more but it's the best starting point without speaking to them about it first.

Yes. I expect all the houses have a right of way and it can be used for loading/unloading but should otherwise be kept clear. This is then obviously open to abuse by the last property as by parking on it they are not obstructing anyone else. If they are in fact parking on their land and merely using the right of way as a means of access then although bad etiquette there is probably not much you can do bar complain about the speed they are doing if it is genuinely unreasonable.
Caveat..I may be wrong.

[barryrs]

Perhaps they are attempting to establish a vehicle row with a view on developing their land?

Or maybe my tinfoil hats damaged

[andburg]

I'd suggest speaking to the council and checking your deeds.
It's not raised suggesting it is for vehicular access however there is more appropriate vehicular access to the rear.


Any kind of dispute on this will likely be expensive......

[Gareth79]

This is a screenshot of the LR parcels - the finger of road looks like it's owned by somebody else, presumably the council? Would be worth contacting them asking whether vehicular access is permitted - I'd assume not.

[Hackney]

I know logic doesn't always apply in these situations but if it was for vehicular access it would be for all the properties (at least when built) so you and other homeowners could park your cars in front of your properties thus blocking access / egress for the people at the end.

[cmaguire]

Hackney said:

I know logic doesn't always apply in these situations but if it was for vehicular access it would be for all the properties (at least when built) so you and other homeowners could park your cars in front of your properties thus blocking access / egress for the people at the end.

Right of way doesn't entitle parking.

[defblade]

Adz The Rat said:

Now my car has damage which looks to be caused by someone squeezing past and Im fed up with it.

DDpai M6 dashcan has parking mode if hardwired... timelapse returning to normal video if loud sound or G-sensor triggered.

[KevinCamaroSS]

Are you saying your dog is loose in the garden and the garden does not have boundary protection to prevent the dog leaving your property? Put a proper fence in, job done.

[Adz The Rat]

KevinCamaroSS said:

Are you saying your dog is loose in the garden and the garden does not have boundary protection to prevent the dog leaving your property? Put a proper fence in, job done.

It does need a gate yes, but that doesn't solve the cars driving down what I think is a footpath and damaging property.

[Swervin_Mervin]

First and foremost Id suggest getting i touch with your local highway authority and asking them if it has any status on their Definitive Map. That will identify if it's a PROW/BOAT/Bridleway etc.

ETA: If it is any of the above then, whilst they may have access rights (if it's a BOAT for example) they very specifically would not have any rights to park upon it and block it. And a local/highway authority would likely take a dim view of ot.

Edited by Swervin_Mervin on Thursday 30th March 12:44

[Chester draws]

Where will they park their 2 cars if they won't / can't drive down the "footpath" to park them outside their house any more?

Guessing it's likely to be the same place you currently park your 2 cars?

[The Surveyor]

It looks like it was intended to be a road giving access to the field at the end.

You will need to check your deeds to confirm what rights you, and anybody else has over that road.

You will then know if the way people are using it at the moment goes against such rights.

Your dogs safety and the speed people drive up and down it are a completely separate matter to any legal ownership or right of access, so try not to get bogged down combining the issues.