obstructing a driveway - Cardew(USA)
It seems to be established that the road in front of a house is a public highway and anyone can park there - not just the owner/tenant.

How about a drive to a garage or when the occupant parks on his front garden? What is the LEGAL position if someone parks in a manner to:-

1. Prevent access to the drive.

2. Prevent exit from the drive.

Is it an offence and if so what offence? Civil or Criminal?
obstructing a driveway - L'escargot
What is the LEGAL position if
someone parks in a manner to:-
1. Prevent access to the drive.


I seem to recall reading somewhere (many moons ago) that, technically, stopping/parking anywhere on a public road is "causing an obstruction" and is liable to incur the wrath of the police. Even stopping at traffic lights is "causing an obstruction".

Unless anyone knows different!
--
L'escargot by name, but not by nature.
obstructing a driveway - Cliff Pope
We've had a thread on this recently. The expert reply seemed to be that you have a legal right of EXIT from a drive, but have no remedy if someone is blocking you from getting IN.
obstructing a driveway - Motorwayman
We've had a thread on this recently. The expert reply seemed
to be that you have a legal right of EXIT from
a drive, but have no remedy if someone is blocking you
from getting IN.


Silly law, but CORRECT.

However, it is not as black and white as that. We have a 14 foot wide drive. Had it extended to the width of th garage and now has a white line drawn in front of it. Reason for the icrease in the width was to make it easier for us to get in and out - especially when more than two cars parked on drive. The socially inept still park obstructing part of the drive at times and sometimes we have to turn left instead of right, etc.

The law is NOT clear on this partial obustruction as I did phone the police and did not get a clear answer.

If your car was parked in the garage and you had no cars on the drive, the socially inept person may wish to block your drive wrongly asumming that ther is no car there. I susgest you call your local police station (NOT 999) and they will normally come out -find the person and ask them to produce their insurance, mot, etc, etc and check over their car. Hopefully this should teach them a lesson.

Finally, I never park in front of peoples drives unless I have their permission. I think the law needs to be changed.
obstructing a driveway - Cliff Pope
I suppose one would always have the option of civil action against a persistent offender. If the title deeds specify that you enjoy a right of vehicular access to your property then you could get a court order to prevent any kind of obstruction of that right. But that's not the same as being able to call the police out to tell someone to move.
obstructing a driveway - Jack01
I know this is a very old thread I'm commenting to, but if anyone's still around from it, can you advise either under what legislation obstructing the exit comes under (e.g. act/section) or a link to the "recent thread" referred to as that might have the info (I couldn't find it).

Thanks in advance!
obstructing a driveway - Flat in Fifth
willing to be corrected but

"obstruction" is a definition

"unnecessary obstruction" is the offence

Therefore waiting at a red traffic light is an obstruction because someone cannot drive/walk over the bit of road you are standing on, but its not an offence because it is not an unnecessary obstruction even though it is deliberate.

thats how I see it without ref to the particular legal bits.

FiF



obstructing a driveway - autumnboy
Yes I think its infringement of access.

A similar thing happened to me some years ago, I parked outside my drive and an old lady opp. could not reverse her car onto her drive, although she had plenty of room to do this, as me and her neighbour told her. But she called PC Blod and I was told to move my car as I was blocking her right of access.

But which this falls into, 1 or 2 ????????
obstructing a driveway - redpuma
I paid £320 for dropping the kerb + £60 for painting the white line. Thats 1999 prices. I have not had any problems yet.
As we have CPZ (controlled parking zone) in first instance I would call Traffic Warden and then the Police.
According to rules, drivers who block the exits will loose their parking permits.
obstructing a driveway - Sooty Tailpipes
If parking enforcement is now controlled by the Local Council in your area, then try their Highways department. they will deal with such problems here in Nottingham. Look on the A-Z on your local council's website.

Services Provided:
- Advising on highway matters.
- Inspecting the highways within the City.
- Resurfacing, reconstructing and repairing roads and pavements.
- Repairing defective highway drainage.
- Providing dropped crossings on footpaths.
- Renewing road markings.
- Maintaining street lighting, information signs, seats and street nameplates.
- Maintaining verges, trees and shrubs on the highway.
- Dealing with emergencies on the highway.
- Removing obstructions from the highway.
- Issuing licences and permits for others to work on the highway.
- Overseeing works on the highway undertaken by utility companies and contractors.
obstructing a driveway - Motorwayman
I paid £320 for dropping the kerb + £60 for painting
the white line. Thats 1999 prices. I have not had any
problems yet.
As we have CPZ (controlled parking zone) in first instance I
would call Traffic Warden and then the Police.
According to rules, drivers who block the exits will loose
their parking permits.


About 9 yrs ago we paid about 32 quid per foot of drive and last year we paid I think about 40 quid for the white line.

our drive is never fully blocked - but part of the 14 foot is - does anyone know what the law on this is, ie, if you wish to exit right but are forced to take a left turn?
obstructing a driveway - pdc {P}
Wouldn't it have just been neighbourly of you to move your car for her? would have taken seconds.
obstructing a driveway - Hawesy1982
Does it make a difference whether you have a dropped kerb leading to your drive or not? I know of a number of houses near me where the owner has built the facility for offstreet parking (ie a drive) but has not bothered paying for the kerb to be lowered
obstructing a driveway - Motorwayman
Does it make a difference whether you have a dropped kerb
leading to your drive or not? I know of a number
of houses near me where the owner has built the facility
for offstreet parking (ie a drive) but has not bothered paying
for the kerb to be lowered




You can legaly park in front of their drive, even if they are parked on it. the police can't do anything about it. however, be warned.... people that do not have their pavements lowered or put a plank to make it easier to go over the kerb have nothing to lose and are normally trouble makers and may/will give you grief.

Report them the local government dept - they will come over and insist they paid to have it lowered or charge them for damage to the pavement.

When you have blocked someone in their drive that does not have a lowered kerb - let me know how you get on!!

obstructing a driveway - cockle {P}
Not only do they stand to be billed for any damage caused but they are, in fact, contravening Section 184 of the 1980 Highways Act which actually prohibits the crossing of the footpath without a correctly constructed crossover which in turn requires a permit from the Local Authority to carry out such works. The reason these works have to be carried out to a set standard is simply that the crossover is not just a dropped kerb but strengthening is required under the paving slabs to prevent eventual damage to electricity or telephone cables, water or gas mains etc.


Cockle
obstructing a driveway - No Do$h
Wouldn't it have just been neighbourly of you to move your
car for her? would have taken seconds.


Kind of sets a precedent though, doesn't it. Can't say I would want to be moving my car every 5 minutes because local constabulary can't see that the little old lady is incapable of safely manouvering her car.
obstructing a driveway - PhilW
"We have a 14 foot wide drive."
with a drive that wide Motorwayman, you could let your neighbours park their caravans there!
obstructing a driveway - Motorwayman
"We have a 14 foot wide drive."
with a drive that wide Motorwayman, you could let your neighbours
park their caravans there!


Looks like you do not have a drive. If you are ever lucky enough to have a drive you will understand the point members are trying to make here. It's extremely frustrating when the socially inept bloc your drive fully/partially. in our case it is partially blocked on average about once every two weeks.

Some times i feel like following the socially inept and uneducated person to where they live and block their drive if they have one.

This is a serious subject and one where people come to blows. Thankfully this has not yet happened in my case and hopefully NEVER will as I consider myself to be socially aware and sufficiently asertive not to reach this stage.

Should the person that is blocking your drive lack sense to understand that he/she is in the wrong and start to rant and rave ...... CALL THE POLICE. The reason for this is that this fools have nothing to lose. On the other hand, you could end up in prison for GBH.
obstructing a driveway - rustbucket
In the road I live in we get vehicles park for free then the occupants go into town by bus, which is considerably cheaper than paying for a car park in the town. On a couple of occasions I have a vehicles park hard up to my drive either side of it and one directly opposite, which does not directly block my drive but makes it impossible to get in or out off.

rustbucket (the original)
obstructing a driveway - patently
At last - a valid reason for fitting bull bars to a UK car.
obstructing a driveway - Robbie
Should the person that is blocking your drive lack sense to
understand that he/she is in the wrong and start to rant
and rave ...... CALL THE POLICE. The reason for this is
that this fools have nothing to lose. On the other hand,
you could end up in prison for GBH.


Why not call CrimeStoppers as well?
obstructing a driveway - Hugo {P}
I can give you an example of two extremes.

One set of my tenant's neigbours live at the end of a long single drive that is also enjoyed by other people.

As if to register a hostile application to take over the ownership of this drive was not enough (our interests are now partially protected by a caution), they now try to ban anyone from parking there for 5 mins to unload the shopping incase they want to get out.

Just down the road from this drive is another private road, which I had to block for up to an hour at a time to load and unload when I was renovating the property now let.

I always had a good rapport with the neigbours and would manuvre especially for them if the need arose. Sometimes I spent more time moving the car and trailer than loading/unloading, but we muddled along OK. In return I sometimes did little favours like removing rubbish to the tip for them when I went, lending tools and materials and clearing out the troublesome storm drains. So some of them did get a benefit from it as well.

The neigbours knew where to find me if the need arose quickly and I would drop everything to move out of their way. Soon I was in a position to use one or two parking spaces with the owners' blessing whislt they were at work or out.

As a result, the first set of neighbours are completely ostrecised by almost everyone who lives in the area, whereas the other neighbours are always able to come and ask favours etc.

Hugo
obstructing a driveway - Sooty Tailpipes
Well after reading all this, I'm glad I live on a busy clearway, no-one can park on my road and the pavement is wide enough for two cars.
obstructing a driveway - PhilW
"Looks like you do not have a drive"
Blimey Motorwayman, you do take offence easily and jump to strange conclusions. As it happens, I DO have a drive - it's got 4 cars on it at the moment, mainly so that I don't block neighbours drives. However, I wish they had as much consideration, because, although we don't mind shifting our cars around so that they do not block other's drives they can't be bothered and often block ours. A quiet word often does the trick for a while before they lapse again, but since we have lived next door for about 20 years I don't make too much fuss - we get on well otherwise and to be honest I'd rather an occasional inconvenience than to be "at war" with them.
Oh, and incidentally, we can get our caravan in the back garden so that it is out of sight from the road and neighbours at the back also can't see it because we have a large, well-screened back garden.
Hope you sort your problem - it must be awful to be permanently angry with your neighbours over blocking your drive and having caravans which make the place look like a dump. How will you get the MX8 out?
obstructing a driveway - PhilW
MX8=RX8 (orMR2 or MX5) or something
obstructing a driveway - Motorwayman
"Looks like you do not have a drive"
Blimey Motorwayman, you do take offence easily and jump to strange
conclusions. As it happens, I DO have a drive - it's
got 4 cars on it at the moment, mainly so that
I don't block neighbours drives. However, I wish they had as
much consideration, because, although we don't mind shifting our cars around
so that they do not block other's drives they can't be
bothered and often block ours. A quiet word often does the
trick for a while before they lapse again, but since we
have lived next door for about 20 years I don't make
too much fuss - we get on well otherwise and to
be honest I'd rather an occasional inconvenience than to be "at
war" with them.
Oh, and incidentally, we can get our caravan in the back
garden so that it is out of sight from the road
and neighbours at the back also can't see it because we
have a large, well-screened back garden.
Hope you sort your problem - it must be awful to
be permanently angry with your neighbours over blocking your drive and

>>

Philip

First and foremost, I apologise for assuming wrongly that you was taking the P.


For the record, it is never our neighbours but other people from down the road/visitors/reps that occasionally partially block our drive.

re the caravans - there is only one on our road, that guy parks it like you do so it's no proble.

I was referring to caravans in general when i drive up other peoples roads.

I have no problem to sort out at present. I agree with your way forward at resolving little issues like parking - i have left a polite note on the window of the car and it appears to work. Once I had to go down the guys house and explained to him politely that he was making it akward for us to turn out. I also told him that like anyother road tax payer - he and the rest of the street could park in front of our home as long as they did not block the drive in anyway whatsoever. This did the trick generally.

as we have a large drive, 99.995 of the time we are able to enter and exit at will. If this was not the case, i would by a cheap little car, tax it, inssure it and park it about four feet from the edge of our drive thus ensuring we got 18 of clear space.

Once again, i'm sorry if i was a tad abrupt initially.

Best wishes

MotorwayMan
obstructing a driveway - Cardew(USA)
MotorwayMan,
If you have an issue/dispute on any aspect of the house it must be declared when the house is sold. I wonder if that would include something like your situation?

Mind you:

"as we have a large drive, 99.995 of the time we are able to enter and exit at will."

I calculate that if you use your drive 10 times every day of the year you will have a problem every 5.5 years or so.

I could live with that.

C
obstructing a driveway - Motorwayman
MotorwayMan,
If you have an issue/dispute on any aspect of the house
it must be declared when the house is sold. I wonder
if that would include something like your situation?
Mind you:
"as we have a large drive, 99.995 of the time we
are able to enter and exit at will."
I calculate that if you use your drive 10 times every
day of the year you will have a problem every 5.5
years or so.
I could live with that.
C


Re the house being sold and dispute/ Only if it involves legal proceedings!!

Your calculations appear to be reassuring. However, why on earth should these halfwits block peoples drives even if it is part?

I will answer the question myself: They park like uneducated and socially inept halfwits because they are exactly that!!

Cardew - keep up the excellent posts!!

M
obstructing a driveway - Cardew(USA)
MotorwayMan,
"Re the house being sold and dispute/ Only if it involves legal proceedings!!"

I understand it is incumbent upon the person selling the house to declare any issue/dispute etc(of which he is aware) that will affect the incoming buyer.

Again it is my understanding that these issues need NOT involve legal proceedings. If you are aware of an issue that will adversely affect the potentially buyer you must declare it. Failure to do so can lead to a claim against you. It is certainly NOT a case of 'buyer beware!'

IIRC there was a case not long ago of someone selling their isolated cottage after becoming aware that a survey on the feasibility of Wind Farm near them was being carried out. This eventually was built and devalued said cottage - new owner sued.

Obviously this is a question of degree, but I suggest if someone had a serious problem with access it should be declared.

C
obstructing a driveway - Motorwayman
MotorwayMan,
"Re the house being sold and dispute/ Only if it involves
legal proceedings!!"
I understand it is incumbent upon the person selling the house
to declare any issue/dispute etc(of which he is aware) that will
affect the incoming buyer.
>>
>> > Obviously this is a question of degree, but I suggest if
someone had a serious problem with access it should be declared.
C

You have answered the question yourself. I have never met/heard about anyone suing for a reason like this.

you use the word INCUMBENT - I must admit that i have not been to universisty but to me the word appears to be out of context.
obstructing a driveway - pdc {P}
A neighbour of mine has 4 cars on his drive. He could easily park on the street, and annoy the rest of us by parking outside our houses, but he chooses to shuffle his cars around. If he wants to go out in the car blocked in by 3 others, he will move the other 3 first and then put them back after freeing the car he wants to use.

Now that's a neighbourly neighbour.

As to why he needs four cars though.....

obstructing a driveway - PhilW
"As to why he needs four cars though"
Perhaps like me it's for him, wife, son, daughter?
And perhaps like me he also gets saddled with all the servicing and repair costs poor (in several ways!)chap!
obstructing a driveway - Dwight Van Driver

Just for you Cardew?..

CRIMINAL LAW
OBSTRUCTION OF THE HIGHWAY ? PERSONS AND OBJECTS

Highways Act 1980 Section 137:

Without lawful authority or excuse, in any way wilfully obstructs the full passage of the highway.

Power of arrest.

OBSTRUCTION OF A ROAD - VEHICLES

Road Vehicles (Con and Use) Regs, 1986 Reg 103.

No person i/c m/veh or trailer, shall cause or permit vehicle to stand on a road so as to cause unnecessary obstruction of the road.

Seemingly coming out onto the road from drive with vehicle parked across is obstruction whereas parked in same condition on trying to gain access is obstructing drive not road.

Plethora of case law as PU will confirm on what is and what isn?t with the yardstick defined in Nagy v Weston 1965: -

?Whilst there must be proof of unreasonable obstruction, whether or not use amounting to obstruction was or not unreasonable use was a question of fact depending on all the circumstances, including length of time obstruction continued, the place where it occurred, the purpose for which it was done and whether it caused an actual as opposed to a potential obstruction.?

Road Traffic Act 1988 Section 22

Cause vehicle to remain at rest or a road in such a position or circumstances as to involve danger of injury to other persons using the road. (Parking on brow of hill etc)

OBSTRUCTION OF STREET ? PEOPLE OBJECTS

Town Police Clauses Act 1847, Section 28

Any person, who in any street, to the obstruction, annoyance or danger of residents or passengers wilfully interrupts any public crossing or wilfully causes any obstruction in any public footpath or other thoroughfare

CIVIL LAW.

Now I am straying in the expertise of PU and DavidHM but I understand that anyone who interferes in any way with ones reasonable enjoyment of ones home causes a nuisance. A person who regularly parks a car on a road outside ones gateway, preventing access can be subject of civil action to abate a public nuisance by Injunction but one has to show inconvenience over and above that suffered by general public.

DVD





obstructing a driveway - Cardew(USA)
DVD,
Thanks for all that information - it still leaves things a little 'up in the air' though. I don't know which is worse not being able to exit your property(unlawful) or being prevented from access to your property - probably not an offence unless can be proven it is a public nuisance.

That said I recognize the difficulty of drafting a 'one size fits all' law.

C
obstructing a driveway - pdc {P}
"As to why he needs four cars though"
Perhaps like me it's for him, wife, son, daughter?
And perhaps like me he also gets saddled with all the
servicing and repair costs poor (in several ways!)chap!


Naah. Just him and his son, too young to drive live there. I'd choose the Impretza over the Metro everytime, but he seems to like his Metro.
obstructing a driveway - Andrew-T
Like Sooty, I can park several cars off the road, which with a centre double-white is free of parked cars. There are occasional tailback blockages at school-end time, but that is all.

Perhaps off-road parking is worth something on one's insurance premium?