A neighbour repeatedly parking in your space can be frustrating, but your legal rights can be complicated
There is nothing more frustrating than your space being occupied(Image: Richard Newstead)
Few things are more frustrating than arriving home to find your neighbour’s car parked in what you believe is your space. However, whether you can force them to move depends on whether the area is private, allocated or part of the public highway.
One of the biggest misconceptions is that every home has a legal right to the parking space outside it. According to The Highway Code, drivers should park considerately, but there is generally no automatic legal entitlement to park on the public road directly outside your property.
The situation is very different if the parking space forms part of your property or is allocated under your lease or title deeds. The Metropolitan Police states that someone parking on your private driveway without permission is usually considered a civil trespass rather than a criminal offence.
If a neighbour repeatedly uses an allocated parking bay, your rights will often depend on your property’s legal documents. HM Land Registry says that title documents and plans can help establish ownership or rights attached to land, while leaseholders should also check whether a specific parking space is included in their lease.
Many parking disputes can be resolved without formal legal action. GOV.UK advises speaking to your neighbour first where possible, before considering mediation or other formal steps if the problem continues.
If a vehicle is blocking access to your driveway, the rules can also differ depending on the circumstances. The Metropolitan Police claims that if someone is preventing you from getting your own vehicle out, the matter may warrant police involvement, while other parking issues are often dealt with by the local council.
It is important not to take matters into your own hands by blocking another vehicle in or attempting to remove it yourself. According to GOV.UK, neighbour disputes are best handled through discussion, mediation or, where necessary, legal action rather than escalating the disagreement.
If repeated parking is causing ongoing problems, homeowners may wish to seek independent advice. According to Citizens Advice, keeping a record of incidents and attempting to resolve the issue amicably can be helpful if the dispute later needs to be taken further.
Ultimately, your legal rights depend on where the parking space is located and whether you have a legal right to use it. While there is no automatic claim to the road outside your home, spaces that form part of your property or lease are treated very differently under the law.
