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UKSolicitorJA
UKSolicitorJA, Solicitor
Category: Law
Satisfied Customers: 4312
Experience:  English solicitor with over 12 years experience
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In a house conveyance on a private road does the phrase entitled

Customer Question

In a house conveyance on a private road does the phrase ''entitled to pass and repass over and along the roadway and footway marked either with or without motor cars or other vehicles at all times and for all purposes'' include the right under 'all purposes' to park said vehicles (so long as they do not obstuct an existing access drive).
Submitted: 2 years ago.
Category: Law
Expert:  UKSolicitorJA replied 2 years ago.
Hello,
The right of way does not extend to parking vehicles, it only allows the vehicles to pass and repass I.e. The vehicles must be moving and not stationary.
May I help further?
Customer: replied 2 years ago.

This right applies to all frontholders, does it mean therefore that no parking is permitted on the road including visitors and trades people at any time, including ourselves outside the frontage of our own house ? (it is a two way road).

Expert:  UKSolicitorJA replied 2 years ago.
The parking exclusion only applies to the beneficiary of the right of way, not to anyone else.
All the best
UKSolicitorJA, Solicitor
Category: Law
Satisfied Customers: 4312
Experience: English solicitor with over 12 years experience
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Customer: replied 2 years ago.

The road is only wide enough to park a car on one side so as to allow passage on the other side for vehicles. So essentially a first come first served basis.

My nieghbour opposite considers that I should not park outside my house as it makes it difficult for him to maneuver from his drive and in particular in and out of his full house width paved front with removed fence and incorporated path.

He considers that as he has created a 'full width drive' he is entitled to full width access and egress at all times and this means I should not park outside my house (even though I park 4m to the side of the original drive).

We try to live with and accommodate all our nieghbours but surely this is an unacceptable abuse of his rights?

Expert:  Jo C. replied 2 years ago.
Hi.

Thank you for your question. My name is ***** ***** I will try to help with this.

From this wording no-one has the right to park on the private road, only to drive and walk over it.
Customer: replied 2 years ago.

All frontholders have been parking their cars, visitor's cars and tradesmen's vehicles on the road for 80 years, either outside their house or wherever there is a space, without any parking rights issues arising. Does this not mean that parking rights have been acquired by all ?

Expert:  Jo C. replied 2 years ago.
I see you have rated positively my colleague's answer so I will opt out for him.

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