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

Author: Sarah Clark (ILEX) - Updated: 19 April 2011 | Comment
 
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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Comments...

My neighbours moved in about 4 years ago I am 67 and live on my own with a dog(she is quiet). They had a new years eve party that started at 5pm and went on until 4.30am. I did not do anything because I thought new house etc. But they continued to play loud music(mainly when the wife was out) I did complain a couple of months ago(for the first time) and it did get better.But I am sitting here at 2.30am new years eve and the part is still going on I have asked for the music to be turned down which the did a little. But now it has started again and they have had a karoke machine going as well all night.I have my grandchildren here (youngest is 7 months) and it has taken me ages to get them to sleep.I explained this to them but they don't care. I have not been able to sleep because it feels like the music is in my house. I even called my sister in law to wish her happy new year and she thought I had the telly on(I didn't). I know its just once a year but if they had told me about the part I would have gone to my daughters. They are not good neighbours at all and this is just the tip of the iceberg. And the karoke plays on!!!
Marylou - 1 January 2012 @ 2:33 AM
A neighbour took a photo of my car as I parked in front of his driveway,1st of all he can not get a car in or out as he has a skip in the way its his own skip not a hired 1,so I new I was not stoping access to any cars entering or leaving. I was only there 5mins, he said he is giving the photo to the police as evidance as there is a droped kerb in front of the drive. He said I will get a fine, any advice please? I would not of parked if a car could of got on the drive, I was only blocking a skip.
val - 11 November 2011 @ 12:46 AM
Same with us, difficulty in getting out of our driveway because of cars parked on the other side of the road. Seems there is little we can do other than having a friendly word to the neighbours. I don't blame them though as parking in the road is becoming increasingly difficult as more households have more cars and more planning applications are approved without consideration of increased traffic and parking requirements.
Insane - 6 September 2011 @ 5:19 PM
I have the same issue. I just returned home after a long day to see some jerk is blocking my driveway! I can't get in, and my other car will not be able to get out in the morning. It is BS that people can legally block my drive!! I would NEVER do this to someone else. Why are people such JERKS????
deb - 2 June 2011 @ 3:26 AM
I have the same, my neighbour keeps parking her car or her husband parks on the road but right by our drive where the curb is lowered, it's making if hard for me to come in and out and they refuse to move it. The police say it's not illegal.
Kim_909 - 31 May 2011 @ 9:54 PM
I am having problems getting in/out of my drive way. People are parking the other side of the drive way. Have asked them in a friendly way what the problem is but they did not want to know. I know they park there just to annoy us. my partner has a disability and a blue badge. There is plenty of other places they could park but they dont!!! I have been in contact with the council and the police but I am not getting any help. What can I do, it is stressing us out!!!! HELP!
avidman - 11 May 2011 @ 5:06 PM
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