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Joshua
Joshua, Lawyer
Category: Property Law
Satisfied Customers: 25994
Experience:  LL.B (Hons), Higher Prof. Dip. Law & Practice
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At the back of my cottage there is a driveway that gives me

Resolved Question:

At the back of my cottage there is a driveway that gives me access to my rear yard for my car,the next door owns the driveway which also gives him access to his garden,on my title deeds it states that unrestricted access must be given for me at all times but now my neighbour puts his car on the drive at 5pm and moves it in the morning at 9am, so now I can't get into my yard between those times.what if anything action can I take.
Submitted: 3 years ago.
Category: Property Law
Expert:  Joshua replied 3 years ago.

Joshua :

Hello and thank you for your question. I will be very pleased to assist you. I'm a practicing lawyer in England with over 10 years experience.

Joshua :

Do you happen to have the exact wording of the right of way from your deeds please?

Customer:

At the moment the deeds are with my solicitor ,he is getting them for me but will take a few days,but last time I looked I,m sure it says,unrestricted right of way at all times but not far running a business which I am not,I,m retirered.

Joshua :

Thanks. Providing the right is expressed to be for all purposes or words to that effect and by foot and vehicle then if your neighbour is parking his car so as to prevent you from using the right of way at certain times, this would amount to a derrogation of grant.

Customer:

What action would I be able to take.

Joshua :

The neighbour may not substantively interfere with a right of way. There is authority on this matter in the case of Smith v Garrard [2004] which established that an interference must be a substantial interference in order to be an actionable interference.

Joshua :

The parking of vehicles on the road where it impedes your ability to drive along it would amount to substantive interference with the right of way and again is actionable

Joshua :

The first step is obviously to discuss the matter with your neighbour which I assume you have already attempted. If he refuses to cooperate you would likely wish to start by writing to him requiring him to cease and desist. If he ignores this you may apply for an injunction and costs requiring him to stop parking on the road allowing you free unfettered access at all times.

Joshua :

Consider collecting photographic evidence along with dates and times as you will need evidence of his actions if you were to seek an injunction.

Joshua :

if you are forced to apply for an injunction in this respect, the court form you need is form N16A

Joshua :

http://www.hmcourts-service.gov.uk/HMCSCourtFinder/GetForm.do?court_forms_id=402

Joshua :

Is there anything above I can clarify for you?

Customer:

Thank you yes that gives me some hope.

Joshua :

A pleasure. If I can assist any further as the situation develops please do no hesitate to let me know.

Joshua :

If you have no further questions for now I should be very grateful if you would kindly take a moment to rate my service to you today. Your feedback is important to me. If there is anything else I can help with though please reply back to me though.

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