Private shared driveway being blocked by neighbour

[qamar]

Hi everyone,

My house has a shared private gated/locked driveway which is used by five houses. One of the 4 neighbours who moved in recently has started to park his car in front of my garage entrance (He has no garage or back gate). I did speak to him and he said because none of us own it then any one of the key holders can park there.

I just want to know what is my rights in common law to access to my garage?

In my title register it mentions that
"the land has the benefit of the rights granted by but is subject to the rights reserved by a transfer of the land in this title"

So I have ordered this file to see if it has any clarifications on the driveway.

Any advice in the meantime would be much appreciated

 

Edited April 4 by qamar

[markc]

Generally all residents have rights of access but not to block anyone in or out, as you have a garage you are entitled to access at any time.

[qamar]

  On 04/04/2025 at 11:27, markc said:

Generally all residents have rights of access but not to block anyone in or out, as you have a garage you are entitled to access at any time.

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Thank you Marc, Hope its simple as that

[markc]

@qamar as you have already spoken to them (always the best approach) but still no joy, I would put a sign on the garage saying No Parking, access required 24/7 or at all times.

hopefully they will be amenable but some do try to push their luck.

[qamar]

Fingers crossed

[IanR]

  On 04/04/2025 at 11:12, qamar said:

I did speak to him and he said because none of us own it then any one of the key holders can park there.

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Sounds like you should park in front of your garage, until you get hold of the Title to prove access rights.

Assuming the Garage was there when you purchased the property, it would have been your Conveyancer's job to ensure you had Access Rights.

[qamar]

  On 04/04/2025 at 11:58, IanR said:

Sounds like you should park in front of your garage, until you get hold of the Title to prove access rights.

Assuming the Garage was there when you purchased the property, it would have been your Conveyancer's job to ensure you had Access Rights.

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Thanks Ian

I built the garage soon after I bought the property which was 39 years ago.

[Nickfromwales]

FWIW your new neighbour is an inconsiderate dickhead.

 

Just thought I'd clear that up.  

[qamar]

  On 04/04/2025 at 12:50, Nickfromwales said:

FWIW your new neighbour is an inconsiderate dickhead.

 

Just thought I'd clear that up.  

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  🤣🤣🤣 Thank you nick!

the house is being renovated so i think I'll find out if he is one once I move back in in a months time
😬

[Nickfromwales]

  On 04/04/2025 at 12:55, qamar said:

  🤣🤣🤣 Thank you nick!

the house is being renovated so i think I'll find out if he is one once I move back in in a months time
😬

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You're welcome, lol.

 

I'd just start parking outside his front door, and requote him.

[qamar]

  On 04/04/2025 at 12:57, Nickfromwales said:

You're welcome, lol.

 

I'd just start parking outside his front door, and requote him.

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🤣 I want to be good neighbours

[ToughButterCup]

  On 04/04/2025 at 11:12, qamar said:

...

he said because none of us own it then any one of the key holders can park there.

...

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Two commonplace Logical Fallacies in one short sentence. Not bad. Most people use one per sentence.

'...because ...' is entirely wrongly applied in this case.

'... can...'  needs to be explained in the context of all five people using the road.

Dickheads exist. They are excellent  at getting us to exercise our diplomatic muscle.

 

You may want to be a good neighbour @qamar : my experience of two similar cases of neighbourly behaviour is that as one problem is solved, the originator develops another gripe.

 

[qamar]

Thanks @ToughButterCup

Thats why I was hoping there was some clear common law with regards to blocking access to someones garage.

[Mr Punter]

Even if your rights of access are not set out in the deeds, you will have gained prescriptive rights of access.

[qamar]

  On 04/04/2025 at 15:05, Mr Punter said:

Even if your rights of access are not set out in the deeds, you will have gained prescriptive rights of access.

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👍

[marshian]

  On 04/04/2025 at 11:12, qamar said:

Hi everyone,

My house has a shared private gated/locked driveway which is used by five houses. One of the 4 neighbours who moved in recently has started to park his car in front of my garage entrance (He has no garage or back gate). I did speak to him and he said because none of us own it then any one of the key holders can park there.

I just want to know what is my rights in common law to access to my garage?

In my title register it mentions that
"the land has the benefit of the rights granted by but is subject to the rights reserved by a transfer of the land in this title"

So I have ordered this file to see if it has any clarifications on the driveway.

Any advice in the meantime would be much appreciated

 

Expand  

Draw the whole site please including entrance gate etc

 

no defending the person parking there but it maybe that if he parks outside his house he restricts access to another houseowner???

 

[Russell griffiths]

Buy an old shit heap car, put it in your garage 

wait for neighbour to park there, open garage and proceed to push their car out of the way. 
simples. 

[qamar]

  On 04/04/2025 at 15:26, marshian said:

Draw the whole site please including entrance gate etc

 

no defending the person parking there but it maybe that if he parks outside his house he restricts access to another houseowner???

 

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Hi @marshian

if he parks directly behind his house no.2, then he will be blocking no 4 and no 3.

No 1 has their garden gate at the front of their house so they are not affected and don't use the drive for any parking.

[marshian]

  On 04/04/2025 at 15:45, qamar said:

Hi @marshian

if he parks directly behind his house no.2, then he will be blocking no 4 and no 3.

No 1 has their garden gate at the front of their house so they are not affected and don't use the drive for any parking.

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So more to the issue than originally explained.

 

Your house and garage are not currently occupied so he's not causing any issue to you currently and he's not causing issue for 3 & 4

 

When you move back in the fun will start because effectively he has no-where he can park without causing issues

 

Of you've been there 38 years where did the previous occupants of House number 2 park in the past?

[qamar]

Previous occupants did not use the driveway to park.

I said I was happy for him to park there until we move back in but that I will need access after that

Edited April 4 by qamar

[marshian]

  On 04/04/2025 at 16:09, qamar said:

Previous occupants did not use the driveway to park.

I said I was happy for him to park there until we move back in but that I will need access after that

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Because they didn’t have a car or they parked outside the gated drive?

[qamar]

  On 05/04/2025 at 07:28, marshian said:

Because they didn’t have a car or they parked outside the gated drive?

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I'm not really sure if they had a car or not but they did not park in front of my garage

[marshian]

  On 07/04/2025 at 11:24, qamar said:

I'm not really sure if they had a car or not but they did not park in front of my garage

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Well good luck when you move back in - I hope it all goes well

[qamar]

  On 07/04/2025 at 15:02, marshian said:

 

Well good luck when you move back in - I hope it all goes well

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thank you

 

[qamar]

+++UPDATE++++

Hi everyone,

I finally got a record of my house deeds. Upon looking I have this in the terms...

 

+++

A) Full and free right and liberty for the registered proprietor or proprietors from time to time of the land above transferred and his her or their tenants servants and licensees (in common with the registered proprietor or proprietors from time to time of the premises known as (Neighbours house numbers and street name hidden for privacy)
His her or their tenants servants and licences) at all times hereafter and for all purposes of access to and egress from the land transferred to go pass and re-pass with or without horses carts carriages motor cars and other vehicles over and along the said passageway coloured brown on the said plan the expense from time to time of maintaining and repairing the said passageway being borne in equal shares by the Transferee and the Owner or Owners for the time being of the premises No. (Neighbours house numbers and street name hidden for privacy)

 

B) Full right and liberty for the registered proprietor or proprietors from time to time of the land above transferred his her or their tenants servants and licences )in common with all other persons having from time to time the right to use the roads hereinafter mentioned) at all times hereafter by day or by night and for all purposes of access to or egress from the land transferred to go pass and re-pass with or without horses carts carriages wagons motor cars and other vehicles whether drawn or self propelled laden or unladen along over and upon the roads known or intended to be known as *street name* and *street name*

++

I asked chatgpt what rights I have of access and it seemed pretty clear that I have full rights of access

 

No — they cannot lawfully block your access.

Your deed grants you a legal easement over the passageway. This comes with some powerful protections under English law.

Legal Basis in England:

1. Easement by express grant
   Your deed explicitly gives you a full and free right to use the passage at all times and for all purposes, with or without vehicles.
   ➤ That’s a legal easement (expressly granted in writing).
    

2. Shared use ≠ exclusive control
   The passage is to be used "in common with" the other owners.
   ➤ This doesn't give any of them the right to block or dominate the space. Shared = equal access, not exclusive control.
    

Interference with an easement is unlawful
Under English law, if someone substantially interferes with a right of way — for example, by parking in a way that obstructs it — that’s an actionable civil wrong.
➤ You can sue for nuisance or seek an injunction to stop the obstruction.

 

As this is chatgpt I was wondering if anyone with understanding of the laws can confirm this is correct!