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We aim to provide practical guidance on useful areas of busness law.  

Parking disputes

By sfb solicitors, Nov 13 2018 10:35AM

We are regularly instructed by clients in relation to disputes over land and parking rights. With ever more people using a car as their sole means of transportation disputes over where these cars are parked can quickly escalate especially if a neighbour believes that they have a right to park on land that belongs to someone else. Clients have also come to us when a neighbour has blocked an accessway with their vehicle which means that the clients now need to manoeuvre around their neighbour’s car. These disputes can often become heated as the parties to a dispute often live within a close proximity of one another.

It is important to keep the issues in perspective and if a neighbour frequently blocks access to your drive, they may be under the mistaken impression that they have a legal right to park. We can check this on your behalf by referring to the land registry documents and, where necessary, the title deeds.

Often a client has tried to reason with their neighbour but to no avail and seek legal advice as a last resort. Usually when we are instructed we will analyse the documents that are provided to advise a client on their legal rights. We offer a fixed fee for a review of the title deeds and the land registry documents and to let you know the advisable next steps.

After providing the advice we will establish whether a letter should be sent to your neighbour putting forward details of the infringement and letting your neighbour know that there is a dispute. In some cases, this will be the end of the matter but there have been times when a neighbour refuses to back down and in these cases, we encourage clients to use alternative dispute resolution to bring an end to a dispute. This can include the use of roundtable meetings or mediation.

If alternative dispute resolution is not successful or your neighbour fails to engage in the process we will discuss with you whether your case should be issued in court and provide an estimate of costs at that stage.

If court proceedings are already underway with your neighbour, we will provide you with urgent advice and let you know how to best proceed.

Summerfield Browne have offices in Leicester, Birmingham, London, Oxford, Cambridge and Market Harborough.

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