trespassing on private driveway

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help-i-need | 10:08 Wed 06th Aug 2008 | Civil
6 Answers
hi my neighbour has taken to parking as close to the boundry of our drivways he has to get out on my property, is this a civil trespass and am i within my rights to extend the garden wall to the pavement we would both still be able to get on respective drives, i have asked him to reverse on his drive to make this easier so he opens his door onto his garden side, but he went into one about how he is disabled??? (he likes to play football with his son in his garden) also if he cant reverse on the drive how does he reverse off??? disabled my ass, we are now at a point of not talking (a big lose)


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To be honest, if it was me I would be more relaxed about it.

Does he trample your flower beds or cause damage?

If not why make a fuss?

There always has to be a bit of give and take with neighbours. Can't you try to be more friendly?
I can't erect any wall or fence in my front garden because of covenants in my Title. Without seeing yours, I have no idea whether you can or not.

It is a civil trespass, but really, what harm does it do? What loss or damage are you suffering?

You are now not speaking, and he will be very quick to report any slight wrong you may do.
I agree with the others. If no harm is being done then let it be.

However you could always park your car up to the boundry as he does and see how he likes it. Obviously you have to be prepared for your car to get pranged or such like...
He may well have trouble getting in and out of his car due to a disability you may not be privvy to, , you are getting confused yourself , people with disabilities do not have to be in a wheel chair , I am sure as a wise but particular petty person this should not have to be pointed out to you, if you are intent on being petty , put a flower trough or something there to stop this "awful" intrusion onto your land,

whilst your at it , just let him know that you can spy on him and his young son whilst they play footie in there back garden , that way he can put a trellis up to stop nosey neighbours with nothing better to do than spy on dads and there young kids!
I am aware that this thread is a little old but I have just stumbled across this thread and was so annoyed that I had to post a response.

Firstly, the neighbour in question is definitely in the wrong. Legally, trespass is a civil offence and now that an altercation has taken place, further incursions could be seen as "aggravated trespass" that is an arrestable offence. Morally, it is just rude to walk on someone elses garden for your convenience.

The general consensus appears to be that help-i-need should just put up with it. If he did that for twenty years, the rude neighbour could actually claim legal right of way across his drive. This would be on the grounds that, if the neighbours use adversely effected anyone, they would have addressed it. To me, NOT asking the neighbour to refrain is like giving him the land that you have paid for, (assuming that no rights of way exist already)

If it were me, I would put a 1.2m fence up (so long as no covenants exist). The highest you can put up next to a highway without planning consent.

I am quite amazed that not a single person out of the four who replied thought the neighbour was the one in the wrong. What he is doing is aggressive, rude and illegal. If he had maybe asked about using the driveway as a one off, then yes no harm. That would be give and take, I'm afraid this scenario is just take!

As for the comments from tufty7, that was nothing short of pathetic. To suggest that this guy is a petty man that likes to spy on young boys is also aggressive and rude. The sound of a man, a child and a ball being kicked may have been the giveaway that led him to deduce that football was being played, not spying. I also agree that disabled or not, if he can play football, he can reverse a car.

It's a common theme in society these days. The rude carry on regardless, insulting people, taking what they can get away with.
I think the more you allow neighbours to get away with things the more they take the mick. I innocently gave permission for my neighbours to take their bins through my driveway as they have built an extension. The next thing gardeners are walking through my drive taking lawnmowers& chain saws over my brand new car!! Next it's their kids skateboarding down it! Their friends then started using it instead of using the front door I nearly knocked one of them down as I was parking my car in my own drive.They had numerous workmen every week I used to meet strangers on my drive. The final straw came when they started banging like mad people on my door in the morning I was off work asking me to shift my car as they forgot to put their bins out the night before & could I move my car that was parked on my drive...Now!!! I asked them not to use my drive I was fed up of every Tom dick & Harry using it. She seen her behind now is funny with me and still using my drive on the sly when I'm at work I came home early from work and found 2 men wandering on my drive!! My advice nip things in the bud straight away lay the law down its your property & you are paying your mortgage every month. I agree with the person above it's rude to walk on other people's property for your own convenience. My problem is my neighbours using my property without asking permission like it's their own. The next minute they have claimed your land and you were just being a good neighbour you have all been warned!!!!!!!

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trespassing on private driveway

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