Right of access

[bergclimber34]

OK not sure if image uploaded.

Have an issue with people parking cars in an access area to garages used by flats, not always same car but this car has been there for a fortnight, owner unknown. Main issue is land around garages is owned by a house on the main road, who have two parking spaces behind their house on this land, a small garage is also there belonging to another property. The land the car is parked on belongs to this house therefore, BUT the flats have a right of access to their garages (which are owned by residents, run by management co) and some other parking spaces.

This car is blocking access to the end two garages (presumably unused) and also making it very difficult for me to use my garage. I have left notes, no joy, and also contacted the management company who rightly say they dont have any power over the land, it is not theirs. BUT we do as tenants have a right of access to the garages... This car is blocking that right.

Is there any more I can do to try and make this not happen?

[paul_c123]

You can move a car which is blocking access to a public highway, but you can't damage it. Go jacks or dollies, or if you're feeling flush a spec lift, will sort it out. At a pinch, a couple of trolley jacks could be used.

[Freddie Fitch]

What is needed here is Land Registry plans for your property and the others. Together with details of all the titles which should include any rights over neighbouring land. These should cost £3 plus £3 for each property. Money well spent. Without these, no sensible advice can be given

[bergclimber34]

I have tried to explain basics

The garages belong to the flat owners behind the photo, the land the car is on belongs to a house on the left, but access to the garages on the right is allowed for tenants or owners of the flats, the garage on the left belongs to the property you can see in front of the car.

Surely someone is not allowed to block access to the garages? Even if they own that piece of land under the car?

[Tanyastar]

Official copies are now £7.00 plus VAT per document, massive hike TBH. The OP seems to know the rights and easements already. The property is Leasehold so needless to say it’s probably way more complicated. I probably sound like a broken record but a chat with a solicitor is probably the first port of call.

[BornRageFree]

bergclimber34 said:

I have tried to explain basics

The garages belong to the flat owners behind the photo, the land the car is on belongs to a house on the left, but access to the garages on the right is allowed for tenants or owners of the flats, the garage on the left belongs to the property you can see in front of the car.

Surely someone is not allowed to block access to the garages? Even if they own that piece of land under the car?

So in short, the car is parked on land owned by the house on the left, which in doing so blocks access to the garages on the right, which is in breach of the contract I'm guessing has been drawn up between land owner and garage owner.

It sounds to me like the land owners (house of the left) need a polite knock on the door, explain the situation and ask if they know anything about the car -
If it's theirs, *politely* explain that it's blocking access to garages, which is against the terms of what you've agreed on (make sure you can back it up if you use legislation) and generally not a friendly thing to do.
If it isn't theirs, get it reported to the council/police as an abandoned car. If they won't do anything about it, as said above - a bit of work with some dollies/go jacks or trolley jacks under the back axle would get it shifted soon enough..

[TownIdiot]

If a friendly conversation hasn't resolved matters then your options are pretty limited as these things can turn into a nightmare.

Legal - gets expensive but one solicitor can act for all of you so the cost is spread.

Passive aggressive trespass. If you have the right attitude it can turn into an amusing game, especially as there are a few of you.
However as that car has been there a while maybe the other party knows how to play that game.
I'd block them in and see if they actually do need to move the car. either that or move it into the road without damaging it.

[No ideas for a name]

bergclimber34 said:

...

This car is blocking access to the end two garages (presumably unused) and also making it very difficult for me to use my garage.
...

BUT we do as tenants have a right of access to the garages... This car is blocking that right.

I might be misunderstanding here, but if the two end garages are unused, then what is the problem.
I would think that they both have to be blocked AND the owner wish to use them for any breach of access rights.
I wouldn't think it is down to you, as effectively a third party, to enforce any access to garages that are not yours.

For clarity - I am not having a go at you - and the position may make your access more difficult - but it does look like you have the access you need (or at least are legally entitled to)

[ozzuk]

OP, you say owner unknown but then state the white car owner might be parking on land they own. Have you therefore spoken to the house that owns the land to ask them to maintain access? If they refuse you might need to engage your insurer (if you have legal cover) or a solicitor if not. If it is nothing to do with them, I'd start with signage (on garage door stating access needed at all times, I don't think you can put signs on their land), if that doesn't work you're likely looking at more nefarious steps...carefully moving the car for example, or sticky warning labels etc.

[OutInTheShed]

Where my mate used to have a lock-up, the people with access rights resorted to employing the local parking enforcement company.
Before that, there were some stand-offs where the garage owners blocked in the offending cars, taking their time to unload stuff from a van to a lock up.

[Richard-390a0]

Another topic that further supports why I'd never own / rent a property where you have to share access / rely on other people. What an absolute recipe for disaster!

[JQ]

OutInTheShed said:

Where my mate used to have a lock-up, the people with access rights resorted to employing the local parking enforcement company.
Before that, there were some stand-offs where the garage owners blocked in the offending cars, taking their time to unload stuff from a van to a lock up.

The OP can't do that as they don't own the land on which the car is parked.

OP - my experience of a similar situation - My father has a ROW over land owned by his neighbour. House was sold and buyer didn't want my father using the ROW so blocked it. Neighbour wasn't aggressive and always appeared pleasant but after months of trying to persuade them to stop blocking the ROW my father and another neighbour had to take out a court injunction at a cost of £000's. It took 3 years to resolve and an incredible amount of stress. Neighbour found another (legal) way to be a dick (installing 2 electric gates at start and finish of ROW) and started the building works to make it happen. Father's other neighbour finally snapped and told the dick in no uncertain terms that there would be physical consequences if they installed the gates and the problem went away. I'm not a fan of physical action but for some people it's the only thing they understand.

If I was in your shoes, and with my lived experience of my father's nightmare. I would first try speaking to them and if there wasn't an immediate response I'd go straight to blocking the car in. If the car doesn't move much it may take a while, but if they have to find you every time they want to move their car it will eventually become tiresome for them. I'd be half tempted to buy a scrap car for the purposes of blocking, or buy some cheap heavy building materials that could be dumped behind said car.

As a result, I would never buy a property where I was reliant on the reasonableness others for access, there are too many entitled people in the world these days.

Best of luck and hope you get it sorted. Hopefully they don't realise it's an issue and stop parking there once it's brought to their attention.

[vikingaero]

Dogst under the door and boot handles - they won't park there again!

[Sebring440]

vikingaero said:

Dogst under the door and boot handles - they won't park there again!

Gosh, what a great idea! That's never been posted on PH before.

[Andy86GT]

The planners of housing developments seem to love designing in these problems.
I had a house at the end of a cul-de-sac that had a right of way for my neighbour on 'my drive' so he could turn / reverse park on to his drive.
It meant I couldn't park in front of my own garage FFS!
Yet all that was needed was for his house to have been built as a mirror image and it wouldn't have been an issue.
People would also park outside his house making it really difficult for me to get home. Was so glad when we sold and moved away.

[bergclimber34]

I think part of the issue is that clearly the land here was owned before the flats and garages development was built in the 70's my uncle used to work in LR and found out that the garage to the left of the car was indeed built in the 60's long before the land was sold for the flats/garages. So all tenants have is right to access the garages, in theory the owner could park where they want, and block access, which would be nasty.

I can park in the garage yes, but it is a lot more difficult having to reverse all the way down there rather than into where the car is and in.

it is just a fairly selfish thing to do, never mind the lack of access to the two garages truly blocked, and one poster is probably right they dont care, but the point remains.

I do not know who owns the ca,r thought it might be untaxed etc but all in date, probably some arse gone on holiday and dumped it there for a few weeks. Doesn't help there are around 30 flats and a tiny cul de sac with about 15 spaces so parking is a nightmare and the management company dont give a toss as the land is not theirs, so nothing will ever change