Across the United Kingdom, many households utilise their driveways for storing bins, parking vehicles, and other domestic purposes. While this is generally considered routine practice, some individuals may be unaware that they could be unwittingly breaching the law by parking outside their homes, according to legal experts.
Legal Implications of Shared Driveways
The issue hinges on the property's layout and the exact location of the driveway. If the space is shared with a neighbouring household, several regulations must be adhered to, as highlighted by specialists at digital legal service Lawhive. With a communal driveway, both properties are entitled to use it, but the Highways Act 1980, applicable throughout England and Wales, stipulates that individuals must not obstruct a highway, including a shared driveway.
This means that neither resident has the right to block the driveway—for example, by parking on it—and could face a fine for doing so. It also constitutes an offence to keep items on a communal driveway, such as waste or recycling bins. Such conduct would be classified as 'obstructing a highway', according to Lawhive.
Resolving Disputes with Neighbours
If you experience disputes with your neighbour concerning a shared driveway, legal specialists recommend understanding your rights and consulting a solicitor. They also advise speaking to your neighbour once you grasp the full situation, as this approach may be sufficient to resolve any disagreements. Should these steps prove ineffective, bringing in a trained mediator could help, or possibly a well-worded letter from a solicitor. As a last resort, you might consider seeking an injunction to stop the neighbour from carrying out activities that breach your rights.
