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NEIGHBOUR PARKING

brand75

I have a shared driveway with a neighbour and outside is a dropped kerb allowing both of us to access our driveways. Recently he is parking a long wheel base commercial van outside his house. It is so long that it is covering half of the access area and is quite high so my view is completely restricted coming out whether I reverse out or drive out. Had a word with him and he reckons he is parked halfway across the area so I shouldn't have a problem. I literally have to squeeze out between his van and the kerb on my side and my view is completely restricted until I'm about three quaters way out.

Not only that but there are plenty of small kids playing on the road including his and mine which makes things even more unsafe.

He could drive his van in and put his wife's car out and he wouldn't be either parked across the dropped kerb/access area or causing an obstruction. Seems there is no talking to him on this at all.

Prefer not to do the Garda call and report it but is this my only option? Is he even breaking the law by parking in this manner. Thanks

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[Deleted User]

It isn’t nice, but if he only parking on his half, hard to see what law he would be breaking.

https://www.irishtimes.com/life-and-style/homes-and-property/can-i-stop-my-neighbour-parking-his-van-outside-my-house-1.4202041

macvin

Seriously thinking of calling the police?

And stop the crap of "think of the children". Children should not be playing on a roadway and you should teach your children not to do so.

Wishbone Ash

I don't have a solution but ideally you should reverse into your driveway as it is illegal to reverse out into a road where you have to yield to other road users (although I accept that a lot of people do it). Driving out forwards gives you greater visibility.

The Gardai won't be interested unfortunately.

CPTM

https://www.boards.ie/discussion/comment/118982180#Comment_118982180

Children shouldn't be doing a lot of things and they should be taught a lot of things, and they are. But they're still kids and make a lot of mistakes in spite of all our teaching. Doesn't mean they should get into a serious accident. It's not about what people should or shouldn't do, more mitigating the impact of inevitable accidents or lapses in concentration which happens people everywhere everyday.

macvin

https://www.boards.ie/discussion/comment/118982190#Comment_118982190

I was just pointing out the ridiculousness of the two points of "calling the police" and the old chestnut of "what about the children" (replace children with"vulnerable or elderly" depending on the subject)

You lose credibility when you bring such arguments to a situation.

I'd ask the neighbor to exit in my car so that he sees the issue first hand and ask how we can solve this to suit both.

But "call the police" - get away out of that.

macvin

https://www.boards.ie/discussion/comment/118982189#Comment_118982189

That is incorrect. It is not illegal to reverse from a driveway on a residential road

[Deleted User]

Are there any restrictions on large commercial vehicles being parked up at residential house?

CPTM

https://www.boards.ie/discussion/comment/118982203#Comment_118982203

Yeah true, agreed. Calling the police would definitely be futile and a waste of their time.

cruizer101

https://www.boards.ie/discussion/comment/118982211#Comment_118982211

From ROTR

You must not reverse from a minor road onto a major road as it is unsafe to do so.

Driveway is minor to any other road.

Police won't get involved so long as they are not blocking but it is a dick move on neighbour's part.

Wishbone Ash

https://www.boards.ie/discussion/comment/118982219#Comment_118982219

It there are restrictions in place, it's generally for vehicles over 3,500kgs. Very few large vans would be over this weight as it generally applies to trucks.

macvin

https://www.boards.ie/discussion/comment/118982508#Comment_118982508

a driveway is not a road in any sense of the word whatsoever.

Here's the statute. A driveway would be covered by (3). In addition, a residential road is not a "Major" road

12 Reversing

12. (1) Before reversing, a driver shall ensure that to so reverse would not endanger other traffic or pedestrians.

(2) A driver shall not reverse onto a major road from another road.

(3) A driver shall not reverse from a place adjacent to a public road onto a public road save where it is clear to the driver that to so reverse would not endanger other traffic or pedestrians.

brand75

Thanks for all the responses so far.

The reverse issue is mute point as the way my neighbour parks obstructs my driveway whether I drive in/reverse in or drive out/reverse out.

It also seems to me ridiculous that I may have to ring the cops but when the neighbour is being completely unneighbourly and maybe violating parking laws what choice does he leave me. Asking him to get in and see my point of view? Go way out of that!!

I didn't mention elderly, but the fact is there are kids playing all over the estate and I get there is small percentage that I may hit one but I do need to be mindful everytime I'm going out and his van is a complete pain because it really hinders my view as in 'no view' on that side whatsoever.

I could be a dick and park right up his ass on my side but who wants to get in to tit for tat with a neighbour. The time I did bring it up with him his answer was 'I'm not in the mood to talk about this'

Bio Mech

https://www.boards.ie/discussion/comment/118983248#Comment_118983248

He is not violating any parking laws. If you go to the guards they wont do anything and it will just make you look silly. Parking a class B van outside his own property breaks no laws. I would suggest there is nothing you can do about it other than to be careful. reverse in, drive out with you window down and listen for kids or cars on the road. There is nothing you can do to force him to stop.

brand75

https://www.boards.ie/discussion/comment/118983266#Comment_118983266

Not so sure you're right. Found this response to an article regarding the same problem

''Shared driveway issues tend to become problematic if the parties concerned do not use them as intended. The usual arrangement is that the title to each property extends to the centre of the driveway. Each has a right of way over the part of the driveway on the adjoining property. All parts of the shared driveway and adjacent part of the public road, should be kept free of obstruction, including car parking, so that each party has vehicular access over the entire area which is subject to right of way.''

Problem I have is even its true who is going to enforce it?

Peregrinus

https://www.boards.ie/discussion/comment/118983298#Comment_118983298

Private rights over private land are enforced by the owners of the rights. Asserting your property rights against your neighbour is not something the state is going to do on your behalf at the taxpayers' expense.

The traditional route for this is solicitor's letter followed by court action, but you would want first to look very carefully at the title deeds to see exactly what area is marked as subject to a right of way so that you know exactly where you stand. Cheaper options, and less destructive to relationship with your neighbour, might include widening the access area to give you more room for manoeuvre and/or erecting a mirror to improve your vision when exiting.

houseyhouse

https://www.boards.ie/discussion/comment/118982180#Comment_118982180

Obviously children shouldn’t hang out in the middle of busy roads but if there are children living in the estate, they will sometimes be on the road even if only to cross it or to cycle their bikes (or should children be taught not to do that either?). If the OP’s view of the road is obstructed that’s a safety issue. If access is affected, then it’s against legislation.

OP, I would talk to the neighbour’s wife or even have your wife talk to her (making assumptions here about you and your family situation, apologies if incorrect). If there’s genuinely a risk of hitting a child, including the neighbours’, then perhaps she will be able to convince her husband.

Diceicle

Out of curiosity - could OP's neightbour park a truck kerbside if he wished?

macvin

https://www.boards.ie/discussion/comment/118983248#Comment_118983248

What I'm saying is that mention police/gardai, children, elderly, cyclists or anything like that will not solve one iota of the issue.

It's your neighbour. You will probably be living there for a few years yet and you want to drop to his/her level over a parking issue.

It will simply cause ructions and there will be no winners.

The easy and amicable solution is to talk. And get him (assuming its a him) to experience what you have to do by getting him to reverse your car out when his van is there.

Then between you come up with a solution that works for both of you.

You approach is when you see him on say Saturday when he's not rushing and say, "come on and lets work out something that suits both of us - I'll grab a coffee, would you like milk and sugar?"

What can he say to that.

Then assuming he is reasonable, ask him to reverse your car out so that he sees the issue, then look at the space for the van (entitled to park it there) and see if a small change would make a difference. Ask what he suggests.

It is this simple.

But mention police/children/elderly etc etc is just antagonism and will never ever sort the issue out.

brand75

https://www.boards.ie/discussion/comment/118984661#Comment_118984661

Yes I do understand that I will be living here for years to come. I'm not dropping to anyone's level. We simply want to enter/exit our home safely and with ease which we cannot do because of the inconsideration of our neighbour. He does have other options to stop this from happening but simply doesn't care.

If I was dropping to his level as I said previously then I could easily make life very difficult for him by parking my car very tight behind him. He is already blocked in the front by another neighbour who gives him little or no room for the EXACT same reason.

I did approach him over a weekend when he was not rushing and I got my answer. I'm not interested in begging. My OP was to find out if parking across a shared access in an obstructive manner was a parking violation.

I know you don't want to bring up police/ children/safety but what if I hit him when exiting my driveway? Will I just tell him it's only an insurance issue and let's have a coffee? Not sure that will suffice!

Victor

Can both vehicles be reversed in as far as possible?

spaceHopper

Is there any way to put up a curved mirror, or just walk to the end of your drive check for kids ask said kids to be careful while you back out.

The guy is being a d1ck but there is not much you can do. But in the summer make sure to suncream the kids and let them finger paint his van here and there

BeardySi

Not sure of the regulations in Ireland, but in the UK parking in front of a dropped kerb (even your own) is classed as an obstruction and technically illegal.