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Joshua
Joshua, Lawyer
Category: Law
Satisfied Customers: 25358
Experience:  LL.B (Hons), Higher Prof. Dip. Law & Practice
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I live up a drive that has access to my property and others

Customer Question

I live up a drive that has access to my property and others have the right to pass and re pass can one of the 'others' put curb stone on the drive against my wish?
Submitted: 1 year ago.
Category: Law
Expert:  Joshua replied 1 year ago.
Hello and thank you for your question. I will be very pleased to assist you. I'm a practising lawyer in England with over 10 years experience. May I clarify the you are the legal owner of the driveway from what you say please but third parties have a legal right of way to pass over the driveway for access to their respective properties. Is that correct please?
Customer: replied 1 year ago.
No in the deeds it says the drive is to my house and my house only others have the right to pass and re pass the adlington estate own the drive historically
Expert:  Joshua replied 1 year ago.
Thank you for the clarification. Does the stone you refer to make it substantively more difficult for you to exercise your right of way - i.e makes more than a trivial interference to your right so as to make exercising your right more difficult - e.g. you have to slow down to avoid the stone for example?
Customer: replied 1 year ago.
It's makes it more difficult but what right has he?
Expert:  Joshua replied 1 year ago.
Thank you very much for the above. On the basis the person that has plcaed the curb there does not own the drive he has no right to place anything on it. However as you do not own the drive either you cannot take action against him on the basis of trespass (which is the basis the owner could take action under). Rather you can only take action against him to the extent that the placing of the curb makes it more difficult for you to exercise your right of way and therefore that the curb amounts to an unlawful interference. This is likely an academic distinction though because providing you can show that the does interfere with your right-of-way, you can as fo force him to remove follows. The courts have considered what amounts to an interference with a right. They have decided that there can be no substantial interference if, despite the obstruction, the right of way can be "practically and substantially exercised as conveniently as it was before" and that the interverence must be more than "trivial" in order for there to be an action. Hutton v Hamboro (1860) and Colls v Home and Colonial stores Ltd (1904) and also reconfirmed more recently in B&Q plc v Liverpool & Lancashire Properties Ltd [2000]. From what you say the curb makes it substantively more difficult to exercise your right of way and accordingly you can require the neighbour to remove the same. You might initially do so informally but if this fails then you will consider serving a formal notice giving him say 10 days notice to remove the same or you reserve your right to apply for an order to remove the curb and injunction to prevent future obstruction. If you feel the need to do so, you can apply for an injunction using form N16A. There is a fee of £280 to make the application which you can apply to recover from the neighbour if you can show you have given him opportunity to remove the curb voluntarily by notice before issuing. This is the form you need to make an application for an injunction. http://hmctsformfinder.justice.gov.uk/HMCTS/GetForm.do?court_forms_id=402 I hope the above is of assistance? If you have no further questions for now I should be very grateful if you would kindly take a moment to click to rate my service to you today or just reply back to let me know if the above is helpful. Your feedback is important to me. If there is anything else I can help with please reply back to me I'd be very grateful
Expert:  Joshua replied 1 year ago.
I hope the above is helpful? Can I help you with anything else or has the above answered your questions satisfactorily? If you could drop me a quick message to let me know I'd be very grateful.
Expert:  Joshua replied 1 year ago.
If you have no further questions for now I should be very grateful if you would kindly take a moment to click to rate my service to you today. Your feedback is important to me. If there is anything else I can help with please reply back to me though

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