Hello and thank you for your question. I will be very pleased to assist you. I'm a practicing lawyer in England with over 10 years experience.
Do you have the wording of the right of way you refer to in your title deeds to hand by any chance that you could either copy and paste or type out for me?
Perfect - many thanks. You mention that the tenant proposes to use an area to sell wood. Is this are within his boundary or is it on any part of the land coloured brown or your land generally?
Thanks. There are two aspects to this. The starting point is that the neighbouring properties both appear to have a right of way over the drive for all purposes connected with their properties. This would include all residential purposes and those ancillary thereto. It would not extend to commercial purposes and there is no right to allow a right of way for commercial activities at the properties. The neighbours have no right to park or store anything on any part of the right of way or your land generally. Their rights extend merely to passing over the drive with or without cars for the purpose of accessing their properties. Accordingly he cannot stop on the land to load and unload or for any other reason for that matter. Finally there is a legal maxim that runs that "you cannot take the benefit without the burden". In this context the right of way is expressed to be subject to an obligation to contribute towards maintenance. Accordingly the neighbouring owner cannot exercise a right of way without also paying his fair share of maintenance costs. If he refuses to do so then he cannot exercise his right of way. For clarity it is the owner rather than the tenant that bears the maintenance obligations to you but it follows that if the owner cannot exercise his right of way then any tenant or visitor cannot either. You will need to be able to show that you have formally demanded a contribution by raising an invoice or demand in order to claim he has not paid his fair share.
If you can identify any breaches of obligations or over reaching of rights on the part of the neighbour and/or his tenant then you can ultimately contemplate an injunction to prevent the continued use of the right of way in a way in this way.
If you are forced to do this ultimately you can use form N16A to make the application:
No based on what you kindly posted above, he has no rights of amenity over your drive, merely a right to pass over the property for the purpose of access to his property. A wondering dog can also constitute a separate ground of statutory nuisance and may be something that the councils Environmental Services department can assist you with by serving an abatement notice or alternaitvely is another head of complaint you could add to an injunction application if necessary.
Is there anything above I can clarify for you?
A pleasure. I hope you are able to achieve an amicable resolution without the need to turn to the county court.
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