Motorists have been issued a warning about a little-known rule that could make parking outside their own home illegal. The issue arises when a driveway is shared with a neighbouring property, falling under specific ownership categories that many homeowners may not be aware of.
Understanding the Legal Implications
Driveways serve multiple purposes for homeowners, from storing bins to parking vehicles. However, while this is common practice, many households may unknowingly be breaking the law simply by parking outside their own homes, according to reports from Express.co.uk. The legality hinges on the layout of the property and the precise location of the driveway.
Shared Driveway Regulations
If the space is shared with a neighbouring household, there are numerous regulations that must be adhered to, as explained by specialists at digital legal service Lawhive. With a communal driveway, both properties are entitled to use it. However, the Highways Act 1980, which applies across England and Wales, stipulates that individuals must not obstruct a highway, which includes a shared driveway.
This means that neither resident has the right to block the driveway, for instance by parking on it, and could face fines for doing so. It is also an offence to store items on a communal driveway, including waste or recycling bins. Such behaviour would be categorised as 'obstructing a highway', according to Lawhive.
Resolving Disputes
Should disputes arise with a neighbour over a shared driveway, legal experts recommend familiarising yourself with your rights and seeking advice from a solicitor. They further advise approaching your neighbour once you have a thorough understanding of the situation, as this may be sufficient to resolve any disagreements. If these approaches prove ineffective, enlisting a trained mediator could help, or possibly a well-worded letter from a solicitor. If nothing else works, you may have the option to seek an injunction to stop the neighbour from undertaking activities that breach your rights.
