Newspaper article The Evening Standard (London, England)

Help Us Force Neighbour to Shift His Skip

Newspaper article The Evening Standard (London, England)

Help Us Force Neighbour to Shift His Skip

Article excerpt

Byline: Fiona McNulty OUR LAWYER ANSWERS YOUR QUESTIONS

QWE OWN a semi-detached house with a shared driveway that leads to the garages for both properties. A skip has been put on the driveway without our permission and our neighbours refuse to move it. We have also had problems with them and their visitors parking on the driveway, making it tricky for us to access our bins. This is so difficult, as my husband has mobility problems. What can we do now? AFIRST, look at your title deeds to establish how the driveway is owned. Either you or your neighbour is likely to own it, with the other having a right of way over it.

There are probably covenants, too, regulating and restricting the way the driveway can be used. Hopefully, there will be a restrictive covenant preventing it from being obstructed by vehicles parked on it.

As your neighbours have refused to move the skip despite your having asked them to do so, you should contact the skip hire company.

Explain that their skip should not be on the driveway, and request its removal.

If that fails, formally write to your neighbour stating that you will be instructing a solicitor to act on your behalf if the situation cannot be resolved, and remind your neighbour of relevant covenants and obligations. Your neighbour should not be causing a nuisance by obstructing your driveway with either a skip or with visitors' cars.

As a last resort, you may take court action, seeking damages and/or an injunction which will require the neighbour to remove the skip and stop any future obstructions. Do seek legal advice in this regard, however, as court action can be costly.

QI HAVE a mortgage on a two-bedroom maisonette that covers the top two floors of a four-storey Edwardian terrace house. There is only one other flat in the house, covering the lower ground and ground floor.

My master bedroom, which is on the top floor, is large and I would like to build an en suite in the corner. …

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