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LondonlawyerJ
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I have a right of way over my neighbours drive and the grass

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i have a right of way over my neighbours drive and the grass verges.. one side of verge is about 20 foot.this was fenced off along the length of the drive some years ago stopping my access over the verge but the road access is still clear.only just noticed as i was checking my conveyance for another issue .can i still have this fence removed after this amount of time

Submitted: 1 year ago.
Category: Law
Expert:  Nicola-mod replied 1 year ago.
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Expert:  Nicola-mod replied 1 year ago.
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Customer: replied 1 year ago.

hi nicola

i would really like an answer for my question please

Expert:  Nicola-mod replied 1 year ago.
Hello,
We will continue to look for a Professional to assist you.
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Nicola
Customer: replied 1 year ago.

hi nicola

is it possible to cancel and repost my question as it seems.that new questions get a quick response as i have used this site before and responses are usually within minutes.a bit like new listings on auctiion sites get more views in the first few minutes

Expert:  LondonlawyerJ replied 1 year ago.
Hello, I am a solicitor with 20 year experience. I will try to answer this for you.
In essence the answer is that if you have an easement for right of way this is unlikely to have been ended by the erection of the fence and the mere passage of time.
In terms of strict legal rights you would have the right to have the right of way re-instated. However there might be issues over whether your rights of way are met adequately by the road access alone and a court might not be very sympathetic to your position.
Customer: replied 1 year ago.

hi thank you for your reply .the right of way that is still clear is wide enough for everyday use vehicles.but i want to be able to use this for wide loads to carry caravans to my property .as we want to start a business of repairing and reselling these.also to walk along the verge rather than on the carriagway dodging the potholes !! the clear carriagway as i said is wide enough for wheel span of low loaders but the cargo is much wider.

one side the present owners have allowed the trees etc to overgrow (they appear to be trying to make life hard for us) .and on the other side is a wire fence been in place for 11 years.my conveyance says with a right of way for all purposes connected to the property and all times.i have been here 25 years and the neighbour 11 years ,but the fence was erected just before they moved in.by the previous owner

Expert:  LondonlawyerJ replied 1 year ago.
What are the terms of the right of way. ie is the type of vehicle or load specified. What sort of vehicles and loads used it before?
Customer: replied 1 year ago.

hi

all it says on the conveyance is together with a right of way at all times for all purposes in connection with the use of the property hereby conveyed for the purchaser and her successors along the roadway being part of the venor's adjoining property as shown on the attached plan marked in blue.. as you can understand from this the vendor at one time owned the whole property used as an abbatoir.up to 1987 or there abouts

Expert:  LondonlawyerJ replied 1 year ago.
Ok so the roadway is described as available but I am guessing the plan shows a more extensive area.
That seems to be a conflict in meaning on the terms of the conveyance. I don't think that yo could necessarily be confident that the plan would trump the description in a legal dispute.
Customer: replied 1 year ago.

hi yes the land registry plan shows the verges each side showing in blue as well as the carriagway. but it is a definite line in blue.as it follows a contour on the map along an embankment one side varying in width from 6-11 meters .basicaly the flat area of verges are included .(it is not like a badly filled in painting by numbers picture if that makes sense)

Expert:  LondonlawyerJ replied 1 year ago.
I don't think I can really add much more, there is a doubt about what the outcome of a dispute on this would be.
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