Is my neighbours driveway legal?

Question

There has always been an issue of parking in my street and my next door neighbour has exhaserbated the situation by putting a non functional drive in just to reserve a space outside his house.

Basicly the drive has the correct dropped kerb stone on the road, and is lined areound the grass of the verge with other kerb stones. however the drive itself (on the verge infront of the pavement which is councill owned) is shallowly filled with gravel, and not tarmac.

Also the incline of this enbankment is so steep that a normal car could not get down it. I have never seen his car on his drive once.

Due to the limited parking space anyway most of my other neighbours have taken this a bit badly. we now think my neighbour is selfish and inconsiderate.

Firstly, due to the steep incline and gravel is this drive legal

secondly, is it still an offence to obstruct it?

Answers to both questions are needed.

Many thanks. :)

Answer 1

If the driveway is on his property and he hasnt touched the council-owned pavement then its probably perfectly legal.  He doesnt have to park in his own drive its his choice.  I believe its illegal to park in front of any driveway where the kerbstones are dropped.  These are placed by the council not the property owner, in the UK at least.

Answer 2

Standards vary from city to city, state to state.  I seriously doubt you will get a right answer on here.  Maybe it's something you should ask a city inspector.

Answer 3

Sounds like it might be a city bylaw thing. I don't know who you'd call for that (i.e. what the department is called), but if you call your city hall and explain, they should be able to get you in touch with the right people to look into it, if it's an infraction of laws of some sort.

Answer 4

My mum's old neighbour had a driveway made like that.  He was directly across from my mum's house. Although he did everything that your neighbour has done, our other neighbours would park across it.  This guy was always ringing OUR bell thinking it was our car.  if he has a dropped kerb then I suppose the council have agreed to him having a driveway.

Answer 5

They should have council permission to do a drive.

I remember my parents had to do it and we only got it because i was really ill as a child and was on DLA.

best you talk to your local council they would be the best to tell you and get anything done about it.

Answer 6

One would have to know where you live to answer this question.  This would be, as you likely know, controlled by the municipal law of your city and by zoning codes and regulations.  

If the property has a very steep incline, then the drive could not be built on a different incline so I would think the incline would have no bearing on the issue, unless the law states that a driveway can only have a certain degree of incline.  

If the drive is gravel, is it possible it could be considered "landscaping" and not actually a driveway?  In this case, you would be able to park in front of it legally.  However, it sounds like the intent was to make it a driveway and if so, then you cannot obstruct it.

You really need to research the zoning regulations and municipal statutes concerning this.  

And I agree, if your neighbor does not intend to use this as a driveway and is only attempting to keep the rest of the neighbors from parking in that spot on the street, it is rude and not very neighborly.  

You might want to check with the appropriate authority and determine if he had pulled a permit to construct the drive.  If not, you could possibly get him ticketed at least.

Good luck!

Answer 7

Contact your local Highways Department at the Council. They will come and inspect it, doesn't sound legal to me as it should be covered in tarmac and have a hardcore depth of at least 10". It must also carry insurance.  

Answer 8

who dropped the kerbs? you need permission to do this , you need permission to make a new crossing over the footpath.

Answer 9

The driveway must have the Councils permission before you can dig up the pavement which is council property. I suggest you contact the Planning dept. Of your council to check if their permission was given for this driveway. As to there being just a gravel surface, this can't be. If someone , an old person or a child, fell on that surface they would lacreate themselves.

Answer 10

You need to contact the local council - it sounds as though he has not had permission to do this.

The council certainly would not allow this without permission

That is your best course of action at this time - find out first if he had permission - then take it from there

Answer 11

1. Sounds like a job for the council

2. Probably not