Parking Wars: Can Your Neighbour Block Driveway Access to Your Garage?
A recent court case in Cape Town has shed light on a common neighbour problem: parking disputes when a shared driveway is involved. The decision gives us important guidance on how neighbours should treat each other when they have a "right of way" (a legal right or servitude to use part of a neighbour's land for access). The key takeaways are reasonableness and the South African concept of Ubuntu (being considerate and cooperative).
The Story: A Dispute in Higgovale
- Who: The Venters (the applicants) and their neighbours (the respondents).
- The Issue: The Venters have a legal right to drive across their neighbour's driveway (this is the right of way or servitude). They complained that their neighbours frequently parked in a way that made it difficult, or impossible, to get into or out of their own garage.
- The Request: The Venters asked the court to order the neighbours to stop blocking their garage access.
What is a "Right of Way" Exactly?
- A servitude (right of way) is a legal agreement that allows one property owner (the dominant owner, the Venters) to use a specific part of a neighbour's property (the servient owner, the neighbours) for access.
- The law says the Venters must be able to make "effective use" of this access. In this case, "effective use" means being able to drive into and out of their garage safely and in a single, normal turn.
- Crucially, this right should also cause the least possible inconvenience to the neighbours who own the land.
When Does Parking On A Servitude Become Illegal?
The right of way didn't ban parking entirely. However, the court ruled that parking becomes illegal if it unreasonably interferes with the Venters' ability to use their access.
- The evidence showed the neighbours' parked cars frequently obstructed the driveway so much that accessing the garage was a struggle.
- The court decided this was more than a minor inconvenience—it defeated the whole purpose of the right of way.
- The Outcome: The court ordered the neighbours to stop parking in a way that unreasonably blocks the Venters' access. But the court did not ban all parking on the driveway, as that would be an unfair burden on the neighbours.
The Guiding Rule: Be Reasonable
The court heavily relied on the idea of reasonableness to settle the matter. It asked:
- What is the purpose of the right of way? (To get a car into the garage.)
- How severe is the blocking? (Is it a material obstacle?)
- Could the same result be achieved with a less annoying solution?
The court concluded that the neighbours' parking was beyond the limit of what is considered reasonable.
The Importance of Ubuntu
A significant part of the judgment was the inclusion of Ubuntu — the constitutional value that emphasizes dignity, fairness, mutual respect, and living cooperatively.
- The court stated that neighbour disputes should be solved with a spirit of accommodation, not by strictly enforcing legal rights. Going to court should be the last resort.
- The judge noted that both neighbours had failed to apply Ubuntu and reasonableness before escalating the situation into a legal fight.
Why This Matters for Property Owners
- Your right is not absolute: If you have a right of way, you must be able to use it, but your neighbour can still use their land.
- No unreasonable interference: Your neighbour can park on the right of way, but they cannot do so in a way that unreasonably stops you from accessing your garage.
- Cooperation is key: Property rights must be exercised with fairness and respect for your neighbours. Try to find a practical, cooperative solution before resorting to lawyers.
Source: Samatha Smith – STBB Attorneys