Hi
My neighbour has parked his car on common road which caters to the need of six households. Now as the road crosses in front of their door they have parked their car in common road. When objecting why they have parked the car on common road they are threatening to fight and using abusive language. Please suggest what to do. We are peaceful family... Please guide with legal way out. As we need to pull out our car for drive there parked car is creating problem due to forceful parking. Please guide.
If your locality has particular designated parking spots for parking vehicles, you technically can't do anything. Your neighbor can't park his vehicle in a spot likely to cause you or others inconvenience, for which an action may be instituted u/Sec. 122 Motor Vehicles Act. However, please remember that if your neighbor can prove that he was parking his car in that particular spot for a lengthy period of time; e.g. more than 10+ years, that may be adequate to prove his legal right of ownership over that plot of land for parking purposes.
At best, you can try approaching court of law & file a declaratory suit seeking ownership rights over that parking spot. You can also file a case of public nuisance, provided that your fellow neighbors also share the same opinion; I.e. They are also inconvenienced collectively.
For further queries you may mail me at: basu_kunal@hotmail.com. I will be most happy to assist you.
Warm regards
