Legal advice about parking problems with neighbors

Questioner

Dear, My girlfriend recently moved in with me. However, there is a problem with the parking facilities. The thing is that I want to use the driveway next to my garage as a parking space for her car. Up until now, I have hardly ever used this driveway for a car, since I park my own car in the garage. My neighbors park their cars in the parking space in front of their property. As a result, one of the cars is parked more than halfway across my driveway, which is actually my property, but since I have not used that driveway as a parking space for a car up until now, I have always tolerated this. If the situation described above applies, my girlfriend's car cannot go into my driveway because it will not be able to get past because of my neighbor's parked car. I have tried to correctly point out to the neighbours that the situation described is no longer desirable. However, they have two positions, the first is that they claim that the cars are parked on their own property and that it is simply the case that one of the cars is therefore on my own property. This brings us to the second position, because they find it strange that I am suddenly making an issue of this while I have never said anything about it. It seems that it does not fully get through to them that this is due to a changed family situation. Of course I understand that it is difficult for my neighbours if they cannot both park their cars in front of their property (because of a swimming pool in the garden they cannot park their cars on their own property), their opinion is that the two cars are parked in front of their own property. However, I am inconvenienced by the fact that one of the cars is parked halfway my driveway. So it is with two wheels on their own property and two wheels on my property. My question is what the law provides in this situation? Do I have the right to speak out here, or are my neighbours allowed to park the cars in this way and should I find another solution for the parking problem of the second car?

Lawyer

It is your terrain and property and you decide who may park there and how the land is used unless an easement has been created. But your neighbors will have to use that as a defense and moreover that is not something that will happen quickly (20 years of possession). It is in the risk sphere of your neighbors that they now have less space because of their swimming pool. You may fence off your property.

Lawyer

The above also applies if the property is not for sale but for rent and the parking space belongs to your home.

Questioner

Thank you very much for your quick and clear response. With your answer I have tried to make it clear to my neighbours that they are not legally allowed to park in front of my driveway. Although I have described the situation in complete anonymity and this is not a legal case, it has completely gone down the wrong way with my neighbours. They have absolutely no intention of changing their behaviour, and we should not be surprised if 'one of the cars is missing a mirror and the other has a few tyres punctured'. I have therefore raised this threat with the local police officer, but since it is word against word here, he cannot logically do much. He did confirm your answer that the neighbours must keep my driveway clear at all times. My neighbours, however, do not comply. As you will understand, the relationship has become quite sour as a result. It is a great pity, because due to the presence of the neighbours' swimming pool and another extension, they have little space in the garden. I have allowed them to use my garden as a passageway a number of times when a new piece of furniture was delivered or when they were allowed to put the ladder on my property to clean the gutters. According to the residents, however, I have brought something upon myself, because these people 'live very much by themselves, and according to their own principles'. Well, sorry, but I think the law was drawn up precisely so that not everyone would do their own thing. We do not wish to accept this and - to put it in 'Rijdende Rechter' terms - demand that the neighbours comply with the rule that they may not block our driveway. To come back to your second response: it concerns a house that we own. The driveway next to our garage is further closed off with a roller door (with a sign saying that parking is not allowed there) that opens outwards, but we are often unable to open it fully because half of the neighbour's car is parked on our property. The question is which way we should treat it best? Our municipality, or can we safely go a bit further? Because we think this is bullying, and our acquaintances and the residents agree wholeheartedly!

Lawyer

I advise you to record conversations from now on so that threats can be proven. Furthermore, you have starting points for a ban or order in civil law, but also through criminal law. The real problem is indicated by you: these people have different standards and values, so the question is whether you will retain and implement this after you have been proven right.

Lawyer

We would like to introduce ourselves to you. We are from the SBS6 television program 'Mr. Frank Visser Does a Pronunciation'. In this program, Mr. Visser solves high-profile issues and conflicts. Mr. Visser started the TV program 'De Rijdende Rechter' over 20 years ago because he believed that all people have the right to justice. And he still believes that! We have read your case and are wondering what the situation is now? We offer you the opportunity to discuss your case in our television program. If you are interested, please contact us.

Questioner

Thank you very much for your message and your offer. As I indicated earlier in this thread, the program 'De Rijdende Rechter' on NOS and 'Mr. Frank Visser Doet Uitpsraak' on SBS6 are not at all strange to us. I would like to explain the current situation to you. My (future) father-in-law works as a civil servant at the municipality, and he was able to quickly arrange an appointment (which took place this afternoon) to clarify a few things. When checking the land registry, it appears that the land in front of my garage and driveway (which the neighbours are therefore using unlawfully) is also still part of my property! I would also have the right to have the car that is unlawfully parked on my property - ergo: blocking the driveway - towed away by an authorised recovery company in the event of any offence (subject to intervention by the police and of course if the owner does not cooperate). This message has now been conveyed to the neighbour (as well as the fact that we would go to the media if they did not change their parking behaviour); she was quite annoyed that we were 'going to such lengths for a stupid parking space'. However, it appears that they are still choosing to play it safe, because when the husband came home, his car was parked in one of the available public parking spaces further down the street. So far, our approach seems to have paid off, also thanks to the advice received on this site. So for the time being, there is no reason to continue to handle the case via the media. I assume that permission is also needed from the other party, and as I know these people, I doubt that they would cooperate with such a program. But mainly I hope that the situation has been resolved. The fact that the neighbors do not appreciate the way things are going is a shame for the neighborly relationship, but not something that we lose sleep over for even a second.

Lawyer

Thank you for your quick response. Good luck.