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Buachaill
Buachaill, Barrister
Category: Law
Satisfied Customers: 10169
Experience:  Barrister 17 years experience
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I have a right of way through my neighbours lane to reach my

Customer Question

Hi, I have a right of way through my neighbours lane to reach my garage. My deeds show that I have a right of way on the left hand side the entire length of the lane. My deeds state that this is at all times and for all purposes and has been in effect from 1956 or there abouts. It does not state about not being able to park etc but I have had several disputes with my neighbours over this. My garage is not wide enough for my car as the garage used to be a living room of an adjoining property. I had been parking in front of my garage but they do not want me parking on the lane at all. There is no ROW width stated on my deeds just a shaded area. Can I technically park on the right of way as they cannot block my access based on the working on the deeds?
Submitted: 4 months ago.
Category: Law
Expert:  Buachaill replied 4 months ago.

1. I regret to say that having a right of way over an area does not give you a right to park there. The two are two different rights in law. You would need a separate easement here which would give you the right to park. A right of way, which is also an easement, merely gives the right to pass and repass over an area. Under Northern Irish law, you don't get any greater rights, I am afraid.

Expert:  Buachaill replied 4 months ago.

2. Accordingly, I would suggest you seek to negotiate a right to park if you want one. Otherwise, you will need to gain access to your garage and to park there. However, if this issue were to come to court, I am afraid but you will lose the issue of whheter you can park in the area of the right of way, the shaded area in your deeds, as a right of way does not give a right to park there.

Customer: replied 4 months ago.
Is this still the case if historically previous owners have parked there on and off? There also have a sign on the wall of my right of way stating 'parking for O'Neill residents only', is this not illegal as they cannot block my right of way?
Expert:  Buachaill replied 4 months ago.

3. Please Rate the answer as unless you Rate the answer your Expert will receive no payment for answering your question.

Expert:  Buachaill replied 4 months ago.

3. Parking in the area on and off gives rise to no rights in law. You would need to show there was 40 years uninterrupted parking, at a minimum before you would get any rights from having parked there on and off. Even then, it is highly unlikely you would get any rights as courts are slow to grant rights of this nature.

Expert:  Buachaill replied 4 months ago.

4. Secondly, so long as your right of way is not blocked, there is nothing to prevent other residents parking on the shaded area if they wish. It is perfectly legal to park in this area, so long as the right of way is not blocked and you can still pass to get to your garage.

Customer: replied 4 months ago.
What about the sign that they have on my side of the right of way? They have also an old car in front of my wall on the other side of the lane, I have asked them to move this so I can park in my small courtyard. They have refused saying that the right of way is only on the left and not the right. If I remove the wall then they will insist that I reinstall it at my own cost.
Expert:  Buachaill replied 4 months ago.

5. There is nothing to prevent someone erecting a sign which states "Parking for O'Neill residents only". This is not an offence or civil wrong under law. As I mentioned, the owner of the land and any of his invitees, can park here if they so wish, so long as they don't prevent you passing over the right of way.

Customer: replied 4 months ago.
Is there a standard width of a right of way? Can I remove my wall without having to rebuilt it?
Expert:  Buachaill replied 4 months ago.

6. AS regards ***** ***** the right of way of the old car, this is not prevented under the law, so long as they don't obstruct your passage over the right of way. If they are preventing you accessing your land, such as a small courtyard, then this is not permitted. If this old car prevents access over the right of way to your courtyard, then the car must be removed. The right of way extends over all the shaded area so if they prevent you accessing your courtyard over the right of way, this is unlawful.

Customer: replied 4 months ago.
Can I remove my wall then? They are saying it is a boundary wall but it belongs to my property
Expert:  Buachaill replied 4 months ago.

7. There is no standard width for a right of way. Here the map with the land Folio defines the width of the right of way.

Customer: replied 4 months ago.
Can I remove the wall?
Expert:  Buachaill replied 4 months ago.

8. You can remove your wall. You are under no obligation to continue with a wall if you want to remove it. However, if it is a boundary wall, you won't be taken to "own" it. Any removal of a boundary wall must be agreed.

Expert:  Buachaill replied 4 months ago.

9. However, you can remove the boundary wall and erect a new wall within your own land.

Expert:  Buachaill replied 4 months ago.

10. Then you would "own" the boundary wall.

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