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Successfully obtaining a Property injunction against your neighbours

By sfb solicitors, Jun 6 2019 10:07AM

Summerfield Browne Solicitors have recently assisted two clients living in Leicestershire to obtain an injunction against the owners of a neighbouring property in relation to nuisance parking.


In a boundary dispute of this nature the first thing to do is speak to your neighbour regarding the problem. In our case the clients live in a cul-de-sac of houses that are accessed by driving up a narrow-shared driveway that leads from the main road to our clients’ property. The shared driveway leading to six different properties.


If neighbourly relations have broken down the next step is to write to the neighbours outlining the problems being encountered. Our clients instructed us to write letters to their neighbours explaining that the parking of vehicles in front of their property was causing an obstruction to our clients’ rights of access and meant that our clients could not drive onto the shared driveway without encountering an obstruction (namely a parked car). The continuous parking of cars by the neighbours was causing a nuisance to our clients.


In our clients’ case despite receiving our letters and responding to the letters the neighbours continued to park so as to obstruct our clients’ access and court proceedings were issued for injunctive relief. Applying for an injunction is not a step to be taken lightly and our clients obtained detailed legal advice from us and painstakingly gathered the required evidence to support the application for the injunction.


At the court hearing we put forward a strong case that the neighbours had obstructed our clients’ right to access their property and the Judge agreed to grant an injunction prohibiting parking on the land in question. The injunction will mean that our clients have unimpeded access to their driveway and that if cars are parked on the land in question by the neighbours the neighbours would be in breach of the injunction and face possible criminal sanctions.


The clients are happy with the injunction which will mean that their neighbours will no longer be able to park wherever they like.


If you have concerns regarding your neighbours and believe that your rights have been infringed, please give us a call today for specialist property legal advice.


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

3 comments
Aug 26 2020 05:00PM by Malcolm

Interesting article. I have a question. What would be the case if the neighbours had been parking without permission and without contest for more than 20 years, and a new owner takes over the said road and tells everyone they can no longer park in said road.

Many thanks,

Malcolm

Aug 31 2020 07:50AM by william Charles Adams

I am landlord I own a coach house with 4 garages with parking bay in front. I lease 3 garages under long lease peppercorn rent. A neighbour parks a large long wheel base vehicle which obstructs my tenants getting on her parking bay, the trade vehicle protrudes onto the highway. It says in the house deeds TP1 no parking of trade, commercial vehicles as well as caravans and motor homes. What are my options

Jan 11 2021 03:49PM by Nikki Phillips

My neighbour has two trees that are on my property according to surveyor report. Tree roots have damaged my patio.
Please advise
I am in Cambridge

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