Do I Have A Right To Park Outside My Own House?
Posted on 5th June 2020
If you have your own driveway then yes of course you can park outside of your own house. Our Property Law Solicitors in Longridge, and Preston, see issues arise when people park their cars on the road that they live on. In some residential areas, our team of solicitors in Lancaster have noticed that parking outside other people’s houses occurs that often, that Lancaster County Council provide residential parking permits.
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What are the rules about parking?
The Highway Code helps to explain the rules and regulations surrounding parking:-
- You cannot park or wait on double yellow lines at any time
- You must not wait or park on single yellow lines at the times stated on the corresponding signs
- You must not wait, stop or park on school entrance markings
- Unless you are entitled to do so, you must not park in disabled or resident parking spaces
- You must not park in front of the entrance to a property
There are a vast number of parking rules, the above are just a taster and often parking disputes will arise over your streets commonly followed parking precedent rather than the actual law.
What does the Law say about parking outside your own home?
As long as the vehicle is taxed and you are not in breach of any other traffic laws then you can park anywhere on a public highway, so long as it is not on footpaths/pavements, where it is legal to do so.
Most people choose to park outside of the own home simply for convenience and it appears to be an unwritten rule that most people do park outside of their own house. Usually this practice and a bit of common sense works however it isn’t always possible to park on the road outside of your house. So, what then?
It is important to note that no one has an automatic right to park on the road outside their own home, sometimes is it not possible and in most instances if you can park there without contravening the Highway Code, so can other road users.
What should you do in case of a dispute?
In the first instance you should try to have a friendly word with your neighbour and explain that you would prefer to park in front of your own home, in most instances you may find that they did not know it bothered you.
Can you park directly in front of a person’s driveway?
The law is pretty unhelpful on this topic however it is common curtesy not to block someone’s driveway. Paragraph 207 of the Highway Code asks that people do not park their car where it may cause an obstruction to other pedestrians or road users and specifically mentions other people’s driveways. If you have blocked access, then you may prevent emergency services reaching someone or prevent someone getting out of their property in an emergency.
What are the rules on parking and dropped curbs?
The Traffic Management Act 2004 if you have a dropped kerb at the end of your driveway there are restrictions on parking where a kerb has been dropped for the purpose of assisting vehicles entering or leaving the carriage way. There are exceptions in place however for:
- Vehicles parked outside the residential premises by or with consent of the occupier of the premises (but not in the case of shared driveways)
- Emergency Vehicles
- The delivery/unloading of goods but for no longer than 20 minutes
- Vehicles undertaking building, signing, utilities, sewers works or the collection of waste on behalf of the local authority
If you are worried about parking rights at a property you are considering purchasing contact our Property Law Solicitors via enquiries@mglegal.co.uk or call our Team in Garstang on 01995 602 129, our property solicitors in Lancaster on 01524 581306, or residential property solicitors in Preston on 01772 783314.
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