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Hello, welcome to the website. My name isXXXXX can assist you with this.
What is the school actually saying?
I see - well, it's rare a deed itself has no "legal standing". But, if they mean that they don't have to follow it, because of its terms (the way it's written), then this will depend on exactly what is said in the deed.
Why do they say specifically rhey dont have to apply it?
I see. Well, it always comes down to what the deed says specifically, but if it gives permission for pedestrian use only, then that is all that can be used. If the school permits (or does nothing to discourage) vehicular access then potentially it exposes itself to an action either under the terms of the deed, or under the laws of nuisance.
Always, it comes down to the terms of the deed though, so it's difficult for me to specifically say what they can and can't do obviously.
Is there anything more you would like me to answer about this?
So it seems to allow both pedestrian and vehicular access.
AH .... so it seems that vehicular access is very much restricted, and it doesn't look like it allows such access on a regular basis, e.g. to take kids to school!
So you want to prevent the vehicles going down?
Then I think you could have a solicitor write to the school and ask them to abate the nuisance that they are effectively causing by inticing traffic along the road to drop-off at the school.
If that fails, then it's possible to construct arguments that the school causes a nusiance, although the better pragmatic approach would potentially be to install a gate or some form of access restriction at the top of the road, if at all possible, and if there is nothing in the deed that prevents that. It's cheaper than going to court, and more effective!
You could of course take action against each vehicle driver, on the basis of trespass, but again, that's not ideal for obvious reasons.