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F E Smith
F E Smith, Advocate
Category: Law
Satisfied Customers: 9335
Experience:  I have been practising for 30 years.
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I want to know whether a right of way includes a right of

Resolved Question:

I want to know whether a right of way includes a right of obstruction, for example parking a vehicle for extended periods for example 5-6 hours. I have recently had the misfortune of a buy to let landlord acquiring a property opposite mine and subsequently claiming the right to park outside my house claiming a right of way exists for him to do this.
I am a low paid pensioner, net income £11000 per annum, and so have not the resources to discover the truth of the existence of a right or the purpose of it. I would like just know where to read-up about this tricky subject so that I might later either move house or challenge this claim. Thank you for your attention so far and thank you if you can assist me in any way. yours faithfully T.S. Caderius
Submitted: 1 year ago.
Category: Law
Expert:  F E Smith replied 1 year ago.

There is no such thing as a right of obstruction. There is a right to park on the right of access but not a right to obstruct something.

You can get the deeds from the land Registry if the property is registered for a cost of £3 from this link.

https://eservices.landregistry.gov.uk/www/wps/portal/!ut/p/b1/04_SjzS0tDQwMTIxMjLXj9CPykssy0xPLMnMz0vMAfGjzOKNjSxMDA1NjDwsjM3MDTxN3dyNDUNMjQ1MjPWDU_P0c6McFQH3SLFU/

you could get them for your property and for the neighbours property and if you needed the plans, each of those is another £3.

You will then know whether the right to park exists or not because it will be clearly noted in the deeds..

If this is on the public road, then people can park where they like including outside other people’s houses and they can do so for as long as they like. However they must not park across a dropped kerb.

Can I clarify anything for you?

Please rate the service positive. It’s an important part of the process by which experts get paid.

Best wishes

FES

Customer: replied 1 year ago.
The land is not the highway but the shared drive of 2 houses and the house making the disturbance has a side wall on the drive way. I assume the right of way is for foot access as there is a back gate access to this property. I have a definitive map of the area on line, l could probably send you a copy of the area with labels indicating the features which to me make it reasonably clear that a vehicular right of way was not intended for the property l am being challenged by. I will in fact get on with it very soon and send it to you later this day. Yours faithfully Theo
Expert:  F E Smith replied 1 year ago.

Thank you. That would be useful. If there is no vehicle right-of-way then you do not have a cause of action if you do not own the land unless you have a right of way over it and this of structural right-of-way.

You cannot object to it purely because somebody’s parking there and you don’t like it or it obstruct your view. It would have to obstruct some right that you have over this land or be a nuisance. It isn’t a nuisance just because you object to it being there.

I’m assuming that either you don’t know who owns the land and you don’t know whether there is any right-of-way in the deeds to the land or any right-of-way over that land noted in either your deeds or the other property’s deeds.

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