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Own a Driveway But Park on Road: What's the Law?

By: Sarah Clark (ILEX) - Updated: 15 Dec 2017 | comments*Discuss
 
Own A Driveway But Park On Road: What's The Law?

Q.

Our neighbours have a perfect driveway but they don't use it, instead choosing to park on the road outside their house. They don't even park in front of their driveway. This causes many problems for the rest of the people in our road as it's a small road with not many parking spaces. We have problems parking and find it very hard to park at night! Is there a law which says that if you have a driveway that you can use that you should use it?

(K.G, 20 July 2009)

A.

Parking is a common source of tension between neighbours, especially when these days many households have more than one car to park and limited parking spaces in which to do so. It can be irritating when a neighbour seemingly uses up more than their entitlement of parking spaces, and it’s clearly inconsiderate of your neighbour to choose to park on the road when they have a perfectly adequate parking space on their driveway.

Unfortunately, there is no legal entitlement for a resident to be able to park outside their home – even though most of us expect to be able to do so. Difficulties with parking close to your own property sometimes lead to Disputes Between Neighbours.

What the Law Says about Parking on a Public Highway

The law doesn’t set down any rules about where you can park if the road in question is a public highway. If your neighbour's vehicle is taxed and he is abiding by the Highway Code, then he can effectively park his car anywhere that he chooses on a public highway (although not on footpaths/pavements) as long as it is legal to park there.

Paragraph 207 of the Highway Code does say that people should not park anywhere that their vehicle might cause an obstruction to pedestrians or road users, and does also give an example of not parking in front of another person’s driveway – but it doesn’t actually say that you can’t park in front of another person’s driveway or property.

The Law Versus Etiquette

So, your neighbour probably isn’t actually breaking any laws by choosing to park in front of your property, however inconvenient it may be to you. Etiquette suggests that most people will choose to use their own driveway or park in front of their own property, but nobody has the automatic right to park right in front of their own house. All your neighbour appears to be breaching, in this case, is neighbourly etiquette.

If the problem persists, a friendly request to your neighbour to consider parking on their driveway could be the way forward, but there is nothing that can legally be done to force them to do so.

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I live on a new estate, our close consists of 7 houses and the road is 'unadopted '. We were made aware of this when purchasing our house, and the deeds show that we "own the road" from edge to edge of our home and up to the middle of the road directly in front of our property....assuming this is the case for all 7 properties. Our immediate neighbours are coming across as awkward and have complained about how our neighbours opposite park their vehicles. The neighbours opposite rent their property and park their second vehicle outside the house they are renting, this means that i cant park outside the front of my house as we'd block the road, but that doesn't bother me because my visitors just park elsewhere - my opinion is that its no ones fault new builds accommodate for 1 vehicle when most families now have more than 1. Hey ho life goes on - but for whatever reason, my neighbours have decided it is an issue and have told them that they are strictly not allowed to park on the road at all. Just out of curiosity, what are the rules on this? As far as i was concerned, i own the road outside my house so if i want to park on it, i will, unless it will cause obstruction to other road users, in which case common courtesy means ill park else where. I've told my neighbours opposite that their parking doesnt bother me and i wont mind if they continue to park there. They are clueless because they rent and the landlord has never mentioned anything about the parking/road/outside their front door. So assuming their landlord does own the road outside their home, provided we dont double park and block the road, can they park there? ?
Qc - 15-Dec-17 @ 7:41 AM
I live on a new estate, our close consists of 7 houses and the road is 'unadopted '. We were made aware of this when purchasing our house, and the deeds show that we "own the road" from edge to edge of our home and up to the middle of the road directly in front of our property....assuming this is the case for all 7 properties. Our immediate neighbours are coming across as awkward and have complained about how our neighbours opposite park their vehicles. The neighbours opposite rent their property and park their second vehicle outside the house they are renting, this means that i cant park outside the front of my house as we'd block the road, but that doesn't bother me because my visitors just park elsewhere - my opinion is that its no ones fault new builds accommodate for 1 vehicle when most families now have more than 1. Hey ho life goes on - but for whatever reason, my neighbours have decided it is an issue and have told them that they are strictly not allowed to park on the road at all. Just out of curiosity, what are the rules on this? As far as i was concerned, i own the road outside my house so if i want to park on it, i will, unless it will cause obstruction to other road users, in which case common courtesy means ill park else where. I've told my neighbours opposite that their parking doesnt bother me and i wont mind if they continue to park there. They are clueless because they rent and the landlord has never mentioned anything about the parking/road/outside their front door. So assuming their landlord does own the road outside their home, provided we dont double park and block the road, can they park there? ?
Qc - 14-Dec-17 @ 11:06 PM
Raks - Your Question:
We live in a close of 11 houses. One of the neighbours on the close has 9 cars. 4 of those cars parked on the driveway haven't been moved for years. 1 of the cars is parked on the road and is SORN. there is a business van that is parked on the corner fully on the pavement covering the road sign. The cars they use they park everywhere around a narrow close. The neighbours have asked them to be considerate and they are for a week and then everything is back to normal, they park their cars and vans everywhere. We are all worried emergency vehicles will not be able to access houses at the bottom of the close.We are all fed up with this and don't know where to turn. Any help and advice would be appreciated.

Our Response:
Are they running a business? If so, check with your planning department - many areas have conditions about running a business in a residential area. The SORN vehicle should not be parked on a public road, you can report this to the police or DVLA.
ProblemNeighbours - 8-Dec-17 @ 3:06 PM
We live in a close of 11 houses. One of the neighbours on the close has 9 cars. 4 of those cars parked on the driveway haven't been moved for years. 1 of the cars is parked on the road and is SORN. there is a business van that is parked on the corner fully on the pavement covering the road sign. The cars they use they park everywhere around a narrow close. The neighbours have asked them to be considerate and they are for a week and then everything is back to normal, they park their cars and vans everywhere. We are all worried emergency vehicles will not be able to access houses at the bottom of the close. We are all fed up with this and don't know where to turn. Any help and advice would be appreciated.
Raks - 7-Dec-17 @ 6:09 PM
Sjones85 - Your Question:
The house opposite to mine has a drive way but doesn't use it. There is limited parking on my road as it's a busy road. He is a mini cab driver is usually in and out late in the evening but when I get home from work it's very busy and he's taking up space outside my house rather than using his drive. I wouldn't even mind if he parked over his drive at least it would free up one more space. Am I within my rights to ask him to use his driveway either parking in it or over it?

Our Response:
He doesn't "have" to use his own drive and has just as much right to park in the road as you do. However, it would not do any harm to try and appeal to his better nature to ask him to park on his drive out of courtesy to neighbours.
ProblemNeighbours - 28-Nov-17 @ 3:07 PM
The house opposite to mine has a drive way but doesn't use it. There is limited parking on my road as it's a busy road. He is a mini cab driver is usually in and out late in the evening but when I get home from work it's very busy and he's taking up space outside my house rather than using his drive. I wouldn't even mind if he parked over his drive at least it would free up one more space. Am I within my rights to ask him to use his driveway either parking in it or over it?
Sjones85 - 27-Nov-17 @ 6:03 PM
My neighbour who lives opposite to the side of my house currently has 4 cars 2 of which they don't use. They refuse to allow other neighbours to park on a public parking area. On the side of my house there is a parking bay/area where you could park about 4 cars. This parking bay/area is situated on the right side of a T junction/road. The neighbour who lives opposite to the side of the house as well as the parking area, parks all 4 of their cars on the side (2 of which they do not use/drive). When one of their car leaves they move another one of their car in that spot. If a resident on that street attempts to park in that area the neighbour comes out yelling saying that they cannot park there. If a resident does park in the area they go find the resident knock on their door and order them to remove their car as they need to park theirs. I cannot stress enough the fact that this is a public parking space and what they are doing to not only me and my father but also the rest of the neighbours is just very very arrogant and selfish. It just doesn't make sense not allowing others to park on public street parking and also ordering other residents to move their car. What can i do or whom do i go to report this???
shiv - 11-May-17 @ 11:36 PM
We live in a detached house in a new development and have a driveway and a garage. As my partner is self employed he has a small van, a car and I also have a car. Most of the time his car is in the garage and his van and my car are in our driveway. There is an area of grass out the front of the house in front of our living room window next to our driveway. We are thinking of converting the garage in to another room and getting the grass taken away and mono-blocking put down so that we can park the 2 cars and the vans out there once the garage has gone. All of the vehicles will be parked right in front of our living room and the new room (old garage) window to the right of our house (where there is no other neighbour) and will not be in front of our other neighbour (to the left of our house) window in any way. However when my partner was chatting to our neighbour about it today the neighbour turned around and said that my partner's van will be blocking their view!! Oh and he added that if we are digging up the tree from our garden (that the builders put there) they will take it for their front garden (which in effect will block their view when it's fully grown!) I couldn't believe the cheek of him! As for "the view" he is referring to, there isn't one! A block of flats has been built right across the busy,main road from our houses so it's not like there's a beautiful stunning view there! Did he seriously expect us to say "Well ok mate, we'll not get our mono-blocking done then!"
Rach1880 - 30-Apr-17 @ 6:59 PM
HUT - Your Question:
My daughters neighbour changed the front of his house. The house is quite plain two windows up and two down the door is accessed on the side. A few years ago the downstairs to the house was changed. There was a drive in garage this was changed and they put in a window. This was not a separate garage. The frontage measures about 10' x 20' max. this leads onto the pavement. there is a dropped kerb which runs the whole width of the house. In the road there is a white a single white line. if my daughter parks on it they come straight out and tell her to move. Even for unloading they are very aggressive which is upsetting. they have a Range Rover which is quite old and they park right outside there house blocking there windows down on the ground floor. We are a bit confused on how this got planning for parking actually on this part of their property and indeed if they are allowed. Parking is restricted in this area and with the Range Rover parked sideways on when they start it up the exhausts fume go straight over into the front of my house where there is a small wall with a gate. Can you please advise if they would have had to get planning permission for the change of design from the garage down stairs, the front and the white lines painted to the front. Is there a measurement for parking outside the house at the front.

Our Response:
There may have been a dropped kerb from when the garage was still in place/use. White line H markers are usually provided by the council on application to deter others from blocking one's access. They are usually the same width as the opening.
ProblemNeighbours - 6-Apr-17 @ 11:32 AM
My daughters neighbour changed the front of his house.The house is quite plain two windows up and two down the door is accessed on the side.A few years ago the downstairs to the house was changed.There was a drive in garage this was changed and they put in a window.This was not a separate garage. The frontage measures about 10' x 20' max.this leads onto the pavement. there is a dropped kerb which runs the whole width of the house.In the road there is a white a single white line.if my daughter parks on it they come straight out and tell her to move.Even for unloading they are very aggressive which is upsetting.they have a Range Rover which is quite old and they park right outside there house blocking therewindows down on the ground floor.We are a bit confused on how this got planning for parking actually on this part of their property and indeed if they are allowed. Parking is restricted in this area and with the Range Rover parked sideways on when they start it up the exhausts fume go straight over into the front of my house where there is a small wall with a gate. Can you please advise if they would have had to get planning permission for the change of design from the garage down stairs, the front and the white lines painted to the front. Is there a measurement for parking outside the house at the front.
HUT - 4-Apr-17 @ 8:49 PM
I live in a road by town on a one way street on a busy street where cars come into the street rather fast off the main road but parking is awful where people that live on the main road park as well as the people in the street we have a neighbour that lives across the road that owns a old Land Rover and has parked his car in front of our house we do have a drive that we park the car on but get on it at a funny angle and you can just see past the hedge come and see down the road make sure it's safe to come off but this Land Rover is only used it to store things and hadn't moved it in weeks but it's obstructing our view of the road of the cars coming into the streetI'm worried that one day as our view is so obstructed of the road that some day someone may go into my car when I'm coming off it but I don't know what to do about the situation any ideas please?
Chloe - 8-Mar-17 @ 10:37 PM
Dawn- Your Question:
My neighbours have asked us not to drive on the pavement in front of their house as they will have to pay for any damage to the pavement. We park partially over the pavement in front of our own house, but use the dip on the curb outside theirs to get up the pavement outside ours. Is it true they would have to pay for damage? They nit-pick all the time so I'm sure this is rubbish.

Our Response:
Well yes probably, as they would have paid for the dropped kerb to be installed initially.
ProblemNeighbours - 22-Feb-17 @ 12:05 PM
My neighbours have asked us not to drive on the pavement in front of their house as they will have to pay for any damage to the pavement. We park partially over the pavement in front of our own house, but use the dip on the curb outside theirs to get up the pavement outside ours. Is it true they would have to pay for damage? They nit-pick all the time so I'm sure this is rubbish.
Dawn - 19-Feb-17 @ 7:31 PM
may.s - Your Question:
My neighbour is parking his coneworx roadwork lorry right on the pavement outside my front gate,completely blocking access to my front door,I don't drive or have a drive way,its actually my door way path I can't use,this is stopping me from being able to have my disabled partner from staying as I cant get her chair in or out,we have to lift it over a neighbours fence,the same with my garden bin for recycling. I am in poor health and my immediate neighbour who is also being affected is severely disabled,we have tried the police,council and asking him to move it nicely,but unfortunately he seems to be a bit of a bully who enjoys this awful situation. At Xmas my other neighbour actually took a ministroke and the ambulance crew were furiously trying to gain access to the front path and couldn't thanks to this lout,I believe that they reported his coneworx lorry,number 95,for those interested to police Scotland and his employer,but we are still being boxed in so who knows. Hope someone from Coneworx,Scotland reads this,awful person working for them

Our Response:
The police should surely do something about this? Did the ambulance crew make a complaint to the police after the incident you mention?
ProblemNeighbours - 6-Feb-17 @ 2:08 PM
My neighbour is parking his coneworx roadwork lorry right on the pavement outside my front gate,completely blocking access to my front door,I don't drive or have a drive way,its actually my door way path I can't use,this is stopping me from being able to have my disabled partner from staying as I cant get her chair in or out,we have to lift it over a neighbours fence,the same with my garden bin for recycling. I am in poor health and my immediate neighbour who is also being affected is severely disabled,we have tried the police,council and asking him to move it nicely,but unfortunately he seems to be a bit of a bully who enjoys this awful situation. At Xmas my other neighbour actually took a ministroke and the ambulance crew were furiously trying to gain access to the front path and couldn't thanks to this lout,I believe that they reported his coneworx lorry,number 95,for those interested to police Scotland and his employer,but we are still being boxed in so who knows. Hope someone from Coneworx,Scotland reads this,awful person working for them
may.s - 4-Feb-17 @ 2:37 AM
I live in a lane which has only one way access, there is parking assigned to all the houses in the lane, at the moment someone has parked a horse box outside their house, but it blocks half of the road with no access to fire engines ambulances or anything bigger than a car. What are our rights to have it removed. We all have a space with our house no on it.
jacquie - 18-Jan-17 @ 1:08 PM
My neighbours fence ( legally hers ) is in disrepair but it is now falling onto our smaller decking fence and is causing damage to it . I have asked my neighbour to repair it but she says she won't what can I do about damage to my fence and is she liable for damage to our property
Jb - 12-Jan-17 @ 12:50 PM
My neighbours fence ( legallyhers ) is in disrepair but it is now falling onto out smaller decking fence and is causing damage to it . I have asked my neighbour to repair it but she says she won't what can I do about damage to my fence
Jb - 12-Jan-17 @ 12:39 PM
Hi I wanted some legal advice about a confrontation that happened to me to day. My daughters school is on a veryBusy street and I wanted to turn around so are used a residential carpark to do so but then as very rude man came out of his house and parked in the road so I could not get by.He insisted on staying there for as long as possible until I became agitated after 20 minutes of waiting he then approached my vehicle and told me it is a private road that he owns and I'm not allowed to use it to turn around and he continued to be very rude and in doing so upset my children in the car at present.I apologise to Him just so he would move his car but hecontinued to be very threatening, does he have the right to do this and if not what do I do?
Ksm - 8-Dec-16 @ 9:19 AM
I live on ground that is lower than the neighbour who had then also raised his ground level to 3 foot higher, so he parks his truck so that his windscreen is looking through over into my front windows. Not matter what I tried to put to cover there, he will move his windscreen further and further. Also he has installed street lights that up his drive an higher level so there are on all night an light up the drive completely there and light up the front of my house and into my windows because I am lower down in the level. This was a complexly dark rural areas and now all night alongside my home is light up by his? Can you suggest anything?
jack - 3-Dec-16 @ 3:45 PM
Rosie - Your Question:
I am buying a new home. Two weeks off completion. Then the builder told me they have "mistakenly" erected my boundary fence a metre into my garden according to my deeds and title documents. However they have approached the neighbour behind who has benefitted from this for almost 3 years and despite having a garage uses this extra peice of land to park another car.its clear from the drawings and plans he was meant to have a narrow strip to access his back garden instead he has this piece of my garden to park another vehicle.He has told the developer he won't give it back.i do understand his feelings but he doesn't own it?My solicitor says it's clear he doesn't own it ,hasn't paid for it ,its on my deeds so effectively Ime paying for it and he is using it.He says they should send a notice letter to say they are moving the fence if he wants to contest at his own expense up to him but he hasn't any legal rights.Hate this, no wish to upset a neighbour it's a mess not of my making. Holding up my move but I need to sort or it will cause issues further down the line should I sell? Any ideas on this or how strong my position is!? Total mess!

Our Response:
The developer (selling you the property) should help more on this...as you say, it's not a problem of your making. As your neighbour has not been using the land for long he cannot claim Adverse Possession . Unfortunately if you do not raise any objections to his using it at the present time, you may be making more problems for yourself and a future buyer unless they're also willing to accept the situation as it stands.
ProblemNeighbours - 29-Nov-16 @ 12:47 PM
I am buying a new home. Two weeks off completion. Then the builder told me they have "mistakenly" erected my boundary fence a metre into my garden according to my deeds and title documents. However they have approached the neighbour behind who has benefitted from this for almost 3 years and despite having agarage uses this extra peice of land to park anothercar. its clear from the drawings and plans he was meant to have a narrow strip to access his back garden instead he has this piece of my garden to park another vehicle. He has told the developer he won't give it back.i do understand his feelings but he doesn't own it? My solicitor says it's clear he doesn't own it ,hasn't paid for it ,its on my deeds so effectively Ime paying for it and he is using it. He says they should send a notice letter to say they are moving the fence if he wants to contest at his own expense up to him but he hasn't any legal rights. Hate this, no wish to upset a neighbour it's a mess not of my making. Holding up my move but I need to sort or it will cause issues further down the line should I sell? Any ideas on this or how strong my position is!? Total mess!
Rosie - 28-Nov-16 @ 3:57 PM
We live on the end of a culdesac and over the road the house has a garage facing n directly on the road side,opposite my house,when he's coming in and out his head lights shine directly into my front window,and when we park our car he blocks us in,what can we do
Minnie - 26-Nov-16 @ 7:05 PM
Hi I park my car where my dad lives.However, My car is not registered there but I am the only one who looks after him and help him with daily basis.I believe I have a right to park there because as like other tenants, we have one car parking placeso I am just parking to his parking place. I had an argument one of his neighbor about parking my car.Can anyone tell me what legally action Required to take to get rid of her? Do I need to change my registration address for the car? Thanks
Zulu - 3-Nov-16 @ 9:14 PM
We have a driveway and two cars we park one car on driveway and one car directly behind we have never had an issue until late our new neighbours decided to park behind my second car up on the pavement on the corner. We are a no through road. Is he allowed to park on the pavement?
Di - 15-Oct-16 @ 1:19 PM
Lizz - Your Question:
We have two cars and due to our high usage of both we park one car on our drive and one in front of the electrical box next door or a little further up along a fence. This space is on the road opposite my neighbours garages. We were told by our neighbour that they wanted us to park only infront of the electrical box. When we did this they then told us we could not even park there as they struggled to park in their many garages. We ignored this last request as we felt it unfair and unsuitable to our needs. They have reported us to the police as nuisance neighbours! Is there anything we can do as this is bordering on harassment and seems unfair we have been reported. Help please.

Our Response:
If you feel you are parking considerately and are not causing an obstruction then the police will not be able to do anything about this. Just state your case to the police, to be honest it's unlikely they'll even follow up on it.
ProblemNeighbours - 6-Oct-16 @ 12:01 PM
We have two cars and due to our high usage of both we park one car on our drive and one in front of the electrical box next door or a little further up along a fence. This space is on the road opposite my neighbours garages. We were told by our neighbour that they wanted us to park only infront of the electrical box. When we did this they then told us we could not even park there as they struggled to park in their many garages. We ignored this last request as we felt it unfair and unsuitable to our needs. They have reported us to the police as nuisance neighbours! Is there anything we can do as this is bordering on harassment and seems unfair we have been reported. Help please.
Lizz - 4-Oct-16 @ 9:03 PM
Brad - Your Question:
Hi, I live on a road of terraced cottages in a built up area. The road is straight, but my neighbour (who I also share access to a driveway with) parks 6, yes, 6 of his vehicles out on the road. He also has a further 3 in the driveway, which is in disrepair because of the vehicles he uses. All are taxed and insured, so legally I dont think he's doing anything lawfully wrong. But there are probably 25 houses down this street who are able to use parking outside. Not all do drive, yet he still parks all his vehicles out in the front when he's the only one with a driveway to accommodate such things. I have tried THREE times now about the situation and he just becomes aggressive and ignorant to the situation. What should I do now?

Our Response:
What is the reason for his owning so many vehicles? There may not be much you can do about the parking if he's parking legally but if he's running a business or any kind of commercial operation, your council's planning officer may be able to take action.
ProblemNeighbours - 4-Oct-16 @ 11:40 AM
Hi, I live on a road of terraced cottages in a built up area. The road is straight, but my neighbour (who I also share access to a driveway with) parks 6, yes, 6 of his vehicles out on the road. He also has a further 3 in the driveway, which is in disrepair because of the vehicles he uses. All are taxed and insured, so legally I dont think he's doing anything lawfully wrong. But there are probably 25 houses down this street who are able to use parking outside. Not all do drive, yet he still parks all his vehicles out in the front when he's the only one with a driveway to accommodate such things. I have tried THREE times now about the situation and he just becomes aggressive and ignorant to the situation. What should I do now?
Brad - 3-Oct-16 @ 6:32 PM
rachy - Your Question:
I live on a corner my my neighbour has a drive way. he parks one car on there and his lodger parks in front of his drive and the owner`s car in front of my gate. ( I dont have a drop kerb) I feel trapped this is causing an obstruction. is there anything I can do about this. my mum cant visit shes in a wheel chair and cant get into my gate. thank you.

Our Response:
If this parking is actually blocking pedestrian access for wheelchair or pram users then the police will be able to take action. If the neighbour/lodger is simply parking on the road in front of your home and you do not have a dropped kerb/driveway, there is very little that you can do about it.
ProblemNeighbours - 27-Sep-16 @ 12:28 PM
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