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Joshua
Joshua, Lawyer
Category: Property Law
Satisfied Customers: 25358
Experience:  LL.B (Hons), Higher Prof. Dip. Law & Practice
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as been12 feet wide right of way in common this exists at rear

Customer Question

as been12 feet wide right of way in common this exists at rear of property were i live there are 11 houses in the row my understanding is that no one is allowed to park on or obstruct that right of way to other residents who live there recently we have been haveing problem with one person who rents one of these houses but does not live at the property even he did reside there he does not have right to cause problems for other users of the properties it is illegal to park on or obstruct the right of way please advise should i report this matter to police
Submitted: 3 years ago.
Category: Property Law
Expert:  Joshua replied 3 years ago.

Josh-2010 :

Thanks for your question. Please kindly RATE my answer when you are satisfied

Josh-2010 :

Do you know who actually owns the land in question please? Is it each owner that owns the piece behind their property or does one person own the whole extent of the road which in turn is subject to a right of way?

JACUSTOMER-04cqwez1- :

i have plans for rear of the properties i donot believe no one has any claim to right way over the 12 feet right of way each property does own land

Josh-2010 :

Thanks. So is the owner of the right of way unknown please?

JACUSTOMER-04cqwez1- :

to best of my no one has claim to this if he parks in middle of the right of way he is denying other users who live there acess to their property that is what the rightb of way is there for

Josh-2010 :

thank you. there are two potential approaches to this issue. If you are able to identify who actually owns the land on which is parking, it is possible for the owner to deal with the issue by way of issuing him with a parking ticket in the same way as shopping centres for example issue parking tickets to individuals who park in their car parks for too long. There are many companies that will send out packs whereby a landowner who is experiencing difficulties with people parking on the land can issue their own parking tickets.

Josh-2010 :

and alternative approach if you cannot ascertain who actually owns the land is that as you say, it is unlawful for someone to interfere or block a right-of-way

Josh-2010 :

For there to be an actionable interference with a right of way, it must be shown that the interference is ‘substantial’ (ie can the right of way still be exercised as conveniently?). The case this was decided in was Smith v Garrard [2004] EWCA Civ 1655

Josh-2010 :

Accordingly if they are impeding or blocking such access this is an unlawful interference with your rights and would be a basis for an injunction if necessary to prevent them from continuing to do so and costs.

Josh-2010 :

You may wish to write to them or speak to them initially pointing out your rights of way and invite them to remove the car within say 5 days failing which you will have no option but to apply for an injunction and costs. If you need to apply for an injunction you would need to apply using form N16A

Josh-2010 :

http://hmctscourtfinder.justice.gov.uk/HMCTS/GetForm.do?court_forms_id=402

Josh-2010 :

Is there anything above I can clarify for you?

Josh-2010 :

Does the above answer all your questions or is there anything I can clarify or help you with any further?

JACUSTOMER-04cqwez1- :

if each property owened the piece of right of way then no residents would be able to acess therear of their properties the the coal man the oil man or any other services that were required it is on the plan trhat irecieved at an earlier date to another matter it quite plainly states aright of way in common there is no details on that plan referring to who owns oer does not own to me it is there for all residents to use house numbers run from number47 to 57 ilive 55 if i bring my car round to 55 to unload or what ever the iwant to takemy car backto front of house inmmean time car has parked at 48 left same there i cant get out

Josh-2010 :

A right of way is quite possible and in fact normal over land that is owned by someone. Take for example public roads. Most of the land on which public roads are built is owned by someone, often not the council or government. However there is a perfectly legal public right of way over the land (road) nevertheless.

Josh-2010 :

The situation here is that there is an alleyway or track at the read of your property. This alleyway may or may not actually be owned by someone or by more than one person. However from what you say regardless there is a right of way over the same. The right of way would override any ownership in that the right of way can be exercised regardless of who may or may not own it.

Josh-2010 :

In any event it is unlawful to block a right of way and you can take the above action to stop it. If the individual ignores an injunction he can ultimately be sent to prison.

Josh-2010 :

The police may be willing to assist but they are likely to tell you it is a private matter and they cannot get involved. It is an offence to block access to the highway though and they may be willing to take action on this basis.

Josh-2010 :

If they won't you still can take the above steps to swiftly stop the matter if the individual refuses to cooperate.

Josh-2010 :

Does the above answer all your questions or is there anything I can clarify or help you with any further?

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