strange question

I parked on my neighbors drive since they never used it and it's what the previous tenants said was ok. and the neighbor has built a fence blocking my car in. can I knock down the fence since it's a criminal offence to block access to the highway.

edit this was while I was on holiday

(edited 3 years ago)

Reply 1

historynerd47

20

Just my advice, but from the info given here I would said it seems they didn't know about the arrangement you had with the previous owners and you shouldn't have presumed they would allow the same. They still shouldn't have blocked you in though.
I would find a more peaceful way of moving forward- go and speak to your neighbours and apologise your leaving your car on their property whilst you were on holiday, but that your car is now blocked and you need help getting it out. It's difficult to see without pictures but basically I would avoid smashing down their new fence lol, or going the legal route. Start friendly and you can always seek help from the council/local authority

Reply 2

GabiAbi84

21

Original post by Igotbbcalevel

I parked on my neighbors drive since they never used it and it's what the previous tenants said was ok. and the neighbor has built a fence blocking my car in. can I knock down the fence since it's a criminal offence to block access to the highway.

edit this was while I was on holiday

Do you mean they’ve blocked access from their driveway to the road?

Reply 3

IWMTom

20

Original post by Igotbbcalevel

I parked on my neighbors drive since they never used it and it's what the previous tenants said was ok. and the neighbor has built a fence blocking my car in. can I knock down the fence since it's a criminal offence to block access to the highway.

edit this was while I was on holiday

Um... why would you park on their driveway?

Reply 4

RogerOxon

21

Original post by Igotbbcalevel

I parked on my neighbors drive since they never used it and it's what the previous tenants said was ok. and the neighbor has built a fence blocking my car in. can I knock down the fence since it's a criminal offence to block access to the highway.

edit this was while I was on holiday

What did they say about it?

It is not an offense to block *access* to a highway - it's an offense to block a highway. You do not have a right of way over their land.

Reply 5

RogerOxon

21

Original post by Igotbbcalevel

I parked on my neighbors drive since they never used it and it's what the previous tenants said was ok.

What did the current tenants say? Did the previous tenants move whilst you were on holiday?

Reply 6

TheDE

13

You are breaking the law by parking in their space, as it constitutes trespass but it is a civil matter. They have every right to erect a fence to block you in and removal of that fence would be criminal damage. There isn’t any offence in blocking a driveway as above says, blockzing access to the highway isn’t the same as blocking a highway itself, and could be considered antisocial behaviour. The problem you have is that parking on someone else’s driveway is a worse offence, and reporting them for antisocial behaviour would involve you basically making a legal admission that you have trespassed.

Reply 7

StriderHort

21

Yea stop doing weird things and plotting crimes and talk to your neighbour like an adult. :redface:

Reply 8

FRS500

20

You managed to come onto TSR and tell strangers about the dilemma, you can just as easily go across the street and ask them to let you in to get your car out.

They probably didn't know about your arrangement with the previous occupier, quite frankly I don't know why you'd even proceed without telling them.

Probably also arranged the building work ages ago and it's tricky enough without your mucking about. They're hardly going to delay expensive fencing just because you can't be arsed to park on the street?

Reply 9

StriderHort

21

Original post by FRS500

They probably didn't know about your arrangement with the previous occupier, quite frankly I don't know why you'd even proceed without telling them.

Probably also arranged the building work ages ago and it's tricky enough without your mucking about. They're hardly going to delay expensive fencing just because you can't be arsed to park on the street?

Well you'd need to be a special kind of A Hole to think that driving your car into your neighbours private property and leaving it there while you go on holiday is any kind of acceptable without express permission.

OP Just let the car go and get another one, if you try calling the police they'd likely just smack you.

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