A reader's dispute with a neighbor over a vehicle that extends onto their property has brought attention to property rights and potential legal recourse.
Consumer lawyer Dean Dunham KC explained that if a neighbor's car is too large for their driveway and encroaches onto an adjacent property, it can constitute trespass. Ownership of a driveway extends to the airspace above it, to the extent reasonably necessary for its ordinary use. Therefore, even if only part of a vehicle crosses the property line, it may be considered a trespass.
In addition to trespass, there may be an argument for private nuisance if the vehicle's placement substantially interferes with the reasonable use and enjoyment of the driveway, such as making it difficult to open a car door. However, trespass is generally considered the more direct legal argument when property is physically intruded upon.
Dunham advised that the initial and most practical step is a friendly conversation with the neighbor to ask them to reposition the vehicle. If this informal approach fails, the next step is to put the complaint in writing, clearly stating the perceived boundary and requesting that the encroachment cease. It is recommended to document the situation with dated photographs, ideally showing the vehicle's position and the boundary line.
Should the neighbor remain unwilling to resolve the issue, legal action, such as seeking a court injunction to stop the trespass, is a potential but more involved course of action. Dunham emphasized that a neighborly resolution is almost always preferable to a court battle.
In a separate but related consumer issue, Dunham addressed a reader's concern about missed garden waste collections by their local council. He confirmed that paying for a council's garden waste collection service establishes a contractual agreement. Under the Consumer Rights Act 2015, services must be performed with reasonable care and skill, and within a reasonable time if no specific timeframe is stated. Repeatedly missed collections can be grounds for requesting a price reduction, such as a refund or credit.
Dunham suggested that individuals facing such issues should write to the council, detailing the missed collections and the service paid for. If the council does not resolve the matter, pursuing a formal complaint through the council's procedure or escalating the issue to the Local Government and Social Care Ombudsman is advised. The Ombudsman has previously upheld complaints regarding repeated missed paid-for garden waste collections. Documenting missed collections and communications with the council is crucial for any potential escalation.