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LondonlawyerJ
LondonlawyerJ, Advocate
Category: Law
Satisfied Customers: 802
Experience:  Solicitor with over 15 years experience.
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We own a property with a driveway to the main road and a

Resolved Question:

Hello,
We own a property with a driveway to the main road and a cottage alongside the road has access rights across the end of our drive to the road. The cottage has recently been bought by a family with a dog-walking business. He has a van which is too big to fit on the actual drive and so is swinging onto our land to get in and out. He also has many clients cars in and out, dropping off dogs, and frequently blocking us in.
His property has had plans approved to put in its own driveway separately. I don't want to affect his business but would we have grounds to limit his access over our land?
Submitted: 10 months ago.
Category: Law
Expert:  LondonlawyerJ replied 10 months ago.

Hello I am a solicitor with 20 years experience. I wlil try to answer this for you.

I am a little unclear here. Is he intending to build a driveway that is entirely on his own land or to improve in some way the right of way over your land?

Customer: replied 10 months ago.
Hello,
The option we are hoping to achieve is to give him our current driveway, on which he has a right of way, in exchange for a portion of the end of his garden to create our own separate driveway.
However, If we don't get planning to put in this new entrance, we are stuck with the problem of his van and his clients all using not just our driveway but the land adjacent to the drive, often stopping on the drive. If this becomes the situation I am looking into whether we can prevent him using the current right of way on our driveway in this manner.
His house has permission to build its own drive half way along his garden. He would have the option of building it if he was prevented from using ours.
Hope that helps. The wording on the deeds is "...to the owners and their tenants and other persons authorised by them a right of way for all purposes with or without vehicles and animals from and to the public highway..."
Just as an observation, he wouldn't physically be able to get his van from the road to his drive without straying off the marked right of way on the land registry and his visitors would be unable to turn around if they didn't use our land.
Expert:  LondonlawyerJ replied 10 months ago.

Ok they are restricted to only using the area defined as the right of way. They can not use, go onto or overhang any of your land off the right of way. The right of way passes over your land it is not his land in any sense, except that he can pass over it. He cannot park on it either under the terms of the easement.

They can not legally use any part of your land except for the defined right of way.

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