'The land is subject to the following rights reserved by a Conveyance of the land in this title dated 23rd August 1888 made between (1) Charles Ellis (vendor) and (2) Robert David Dawson:-
"Subject nevertheless to a right of way for the owner and occupiers for the time being of the adjoining House belonging to the said Robert Prestney at all times and for all purposes to pass and repass over through and along the passage way on the East side of the said messuage and premises hereby conveyed."
Thanks Jo. Could you just clarify 3 related issues:-
1. What is meant by "the valley duty of the easement".(which you say we cannot challenge)?
2. Can we store anything down the alleyway as long as the tenants have the room to take their bikes through it/access is still possible e.g. my garden tools? or should the alleyway remain completely free of anything by both sides?
3. If my garden tools remain, am I in breach of the easement and subject to trespass by the dominant estate?
Many thanks - I have some peace of mind now!
Please accept the bonus as a token of my appreciation of your swift and clear advice
Can you clarify or give an example of what might constitute "substantial obstruction"?