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tdlawyer
tdlawyer, Lawyer
Category: Property Law
Satisfied Customers: 1096
Experience:  Lawyer with 9 years experience of advising on property issues.
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Hi. I own a small private road which leads to my business

Customer Question

Hi.

I own a small private road which leads to my business car park. My neighbours have a right of access over the road into their own land. My understanding is that they can drive in and they can drive out but what is happening is that their multitude of visitors shunt in and out several times to turn around on my road which is now creating several pot holes. They themselves park in their own turning area and then no one else can turn on their land so they use mine. What are my options please. Sarah
Submitted: 3 years ago.
Category: Property Law
Expert:  tdlawyer replied 3 years ago.

tdlawyer :

Hello, welcome to the website. My name is Tony, I can assist you with this.

tdlawyer :

Hi Sarah.

tdlawyer :

There are a couple of options. The first, and perhaps the least practicable, is to take some formal court action (if needs be) against any trespasser that has no right to use your road. Clearly, this isn't going to be your preferred route.

tdlawyer :

Secondly, you could consider putting some machine into place to prevent others using the road on a practical basis. Some kind of barrier or gate would perhaps work, so long as the neighbour has a right of access still and was not prevented from exercising their rights over the road - so they would have to have to have a key or some other way of getting in and out.

tdlawyer :

The cost of installing something like this would be minimal compared to the cost of goinf to Court I imagine, which would cost something in the order of £15k or more, and there is always the risk you might not get what you want from that.

tdlawyer :

Is there anything you wish to ask me about this?

JACUSTOMER-jkunf1xd- :

I was looking for a detailled legal answer as to how they, the neighbours, are permitted to use my road , ie, is shunting and creating potholes acceptable in the eyes of the law. I didn't mention trespasserrs, the neighbours have a right of access and presumably their visitors have that too, and I have obviously thought about a gate/obstruction.

tdlawyer :

Your neighbours have access, others do not, I assume. Hence, they would be trespassers.

tdlawyer :

I can give you more information the legal position though.

tdlawyer :

Basically, the right to pass/repass will be given in the deed of grant. The terms of access will, insofar as your neighbours are concerned, be set out in the grant.

tdlawyer :

The terms of grant are not relevant to visitors as they are not party to the deed. However, it might be that the grant permits the neighbours to have visitors and extends their rights to the visitors in effect.

tdlawyer :

In this instance, you could argue that the neighbours are in breach of the terms of the grant if the visitors do something outside of the remit permitted by the terms of the grant.

tdlawyer :

** Am I covering the right type of thing you wanted me to? **

tdlawyer :

Are you there?

JACUSTOMER-jkunf1xd- :

Visitors are not mentiioned in the grant though servants and licencees are, it is the visitors that cause the problem. The grant gives the right to pass and repass along over and upon.

tdlawyer :

Licensees would be visitors, it's just another term for it really.

tdlawyer :

So its the case that visitors appear to havr the right to pass and repass too.

tdlawyer :

Is there anything more you would like to ask me about this?

tdlawyer :

I see you rated poor service - can you help me understand why please? I'm trying to engage with you to give you the type of information that you might want?