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Buachaill, Barrister
Category: Law
Satisfied Customers: 10537
Experience:  Barrister 17 years experience
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Does a right of way, give any parking rights?

Resolved Question:

Does a right of way, give any parking rights?
Submitted: 10 months ago.
Category: Law
Expert:  Buachaill replied 10 months ago.

1. No, a right of way gives rise to no right to park. Essentially, a right of way is a species of easement. It only gives teh right to pass and repass over someone else's land. In order that there would be a right to park, there would have to be another species of easement known as a parking easement. Here, your neighbour has no right to park their car on the right of way.

Expert:  Buachaill replied 10 months ago.

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Customer: replied 10 months ago.
Thank you - and I am considering a very high recognition of this information! I had agreed with the former owner, now deceased to give him a right of way, as I had intended to build on the site, but would have left and archway for his comfort. However, I never built (2007 recession, etc.) and he never parked his car there, and only used the facility when he had oil delivered for his tank. He left the house to a neighbour in the country whose family were good to him on his farm there. Its being empty from 2009 until this year, when her neice has commenced renting it. To access their small patch behind their house, they need to enter through my property, and they park her car there, and then her boyfriend comes and parks his car in front of hers, and I can still park mine alongside these cars which is no major problem, unless they and their aunt, become comfortable with the facility and then think they own the parking facility which is on my property - mine is a corner house, with vacant site to the west, and their house adjoins my north wall. Basically, how soon should I exert my position or state something to them?
Expert:  Buachaill replied 10 months ago.

3. Dear *****, you should state something informally to them once you get the opportunity. It is best that they don't labour under any illusion that they can park there. So, when you get the chance, you should state it to them.

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