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tdlawyer
tdlawyer, Lawyer
Category: Law
Satisfied Customers: 1096
Experience:  11 years experience of general practice.
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I own the freehold on a commercial property at he end of a

Resolved Question:

I own the freehold on a commercial property at he end of a small business park. I have a right of way across the business park which is outlined on the deeds.
the owner of the business park has marked out 3 parking spaces for his tenants in such a way that when cars are parked there they obstruct my right of way. I have asked him to remove the white lines and repaint them in such a way that will not block the right of way but he has refused. can I force him to move them ?
Submitted: 3 years ago.
Category: Law
Expert:  tdlawyer replied 3 years ago.

tdlawyer :

Hi, thanks for your question. My name isXXXXX can assist with this.

tdlawyer :

Is the right of way for the passage of vehicles, people, or both?

Customer: hi tony the f
tdlawyer :

Hello

Customer: hi tony the right of way is for vr
Customer: ehicles and people
tdlawyer :

You have the right to prevent him from doing anything that would interference with the use of the right of way. Obviously, the painting of lines does not, of itself, amount to a physical interference, but what it does do, is encourage people to park there and thus, interfere physically with the exercise of the right of way.

tdlawyer :

Therefore you should be able to take action now because what you have is an adjoining owner encouraging the obstruction of the right of way over which you exercise your rights.

tdlawyer :

I would like to think that this is something that should be resolved easily following a letter being sent to the business park owner outlining your position, and that as a consequence, he would not continue in this way.

tdlawyer :

Needless to say, if vehicles do block the right of way, with the business park owner's consent and encouragement, then this should be actionable against him.

Customer: that is exactly what I was hoping you would say. I am meeting with him on Tuesday and hopefully will be able to resolve matters
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