Issues with neighbourhood parking

Question

My neighbour consistently parks outside my house which means I have to park further away from my home. Is there anything I can do to stop them?

Answer

Simon Horwood, Litigation Executive, Clarke & Son replies:

There are often occasions when neighbours come to dispute about where they may park their cars. Issues with neighbourhood parking can arise, especially when spaces are limited or parking habits cause inconvenience. Obviously if you have a separate driveway then there is unlikely to be a problem as long as you and your neighbour actually park on it. Issues do arise when people park their cars on the road upon which they live.

Understanding the Highway Code and Parking Laws

The Highway Code is there to explain and guide you through the rules and regulations set out in many paragraphs of traffic and road legislation.

For example:

• Drivers should all be aware that you cannot park or wait on double yellow lines at any time.
• You must not wait or park on single yellow lines at the times stating on the corresponding sign.
• You must not wait, stop or park on school entrance markings.
• Unless you are entitled to you must not park in disabled parking spaces or residents’ parking space.
• You must also not park in front of the entrance to a property.

The Difference Between Parking Etiquette and the Law

Experience has shown that many parking disputes arise over the failure to observe parking “etiquette”.  However, etiquette and the law are quite distinct.

The law says that as long as your vehicle is taxed and you are not contravening any other traffic laws you are entitled to park anywhere on the public highway (but not on footpaths/pavements) where it is legal to do so.  Good manners and common sense help avoid parking disputes with neighbours. Most people would choose to park outside their own home because of convenience but if you have more than one vehicle belonging to a single property and there are no driveways then what can you do?

Do You Have the Right to Park Outside Your Home?

There is no automatic right to park outside your own home. Issues with neighbourhood parking often arise when multiple vehicles need space, leading to frustration among residents. As shown above the Highway Code provides guidance but there are no definitive rules. To resolve this the only thing that one can recommend is that you have a friendly word with your neighbour and explain to them that you prefer to park in front of your own home. Often simple courtesy and communicating your thoughts with your neighbour will resolve the problem.

When Parking Causes an Obstruction

The Highway Code does assist in that people must not park their vehicle where it might cause an obstruction to other pedestrians or road users and does cite the example of not parking in another person’s driveway. While there are certain rules and regulations under the Highway Code which relate to parking on public highways, one must remember that unless a neighbour is breaking the law you may park wherever you choose.

If you have a dropped curb at the end of your driveway then the Traffic Management Act 2004 might assist.  This Act covers restrictions on parking where a curb has been dropped for a number of reasons which include for the purpose of “assisting vehicles entering or leaving the carriageway across the footway, cycle track or verge”.

What Steps Can You Take?

Should you believe you have a case under this piece of legislation it would be useful to first try and find and speak to the vehicle owner. If another vehicle blocks yours in under these circumstances, call the police on 101. They may assist, particularly if the offending vehicle has remained parked for some time.

Considering Mediation

If all efforts fail and the matter remains unresolved, mediation is an option that can help facilitate a satisfactory outcome. Mediation can be particularly useful in issues with neighbourhood parking, helping to prevent ongoing disputes. We are available to provide further advice and assistance on the mediation process.

Legal Costs and Property Considerations

It is important to note that the costs associated with involving a solicitor’s practice are unlikely to be recoverable, with initial advice and review fees starting at no less than £500. Additionally, if you plan to sell your property, known parking difficulties can impact the sale. In such cases, you have a duty to disclose information about these issues to potential buyers, including any correspondence related to contested parking matters.

However, if your property, whether it is a house, flat or maisonette, comes with the right to use a parking space which is being blocked, not resolving the issue will cause problems on a sale. So, the sooner you address the problem, the better.

Need Legal Advice?

Still wondering, "How do I stop my neighbour from parking outside my house?". Our Dispute Resolution team can help you understand your legal rights and find a solution.

Contact us today for expert advice.