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LondonlawyerJ
LondonlawyerJ, Solicitor
Category: Property Law
Satisfied Customers: 815
Experience:  Experienced solicitor
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Hi - in the Title of my property it states that I have right

Resolved Question:

Hi - in the Title of my property it states that I have right of way at all times and for all purposes along my neighbour's drive and round the back of his house. The house is now for sale and is advertised with parking for 2 cars on the said drive - is he allowed to do this?
Thank you
Julie
Submitted: 3 years ago.
Category: Property Law
Expert:  LondonlawyerJ replied 3 years ago.
LondonlawyerJ :

Hello, I am a solicitor with over 15 years experience. I will help you with this.


LondonlawyerJ :

If you have an easement giving you a right of way over your neighbours drive which they own. That will not stop them using it for parking as long as that does not stop you exercising your right of way. Does your neighbour use the drive fro parking 2 cars at present? Your concern is presumably that new people will buy the house and think they can use the drive as they wish without taking into account your right of way. I take it your right of way is registered at the land registry. If it is, any buyer will be told about it by their solicitors.

Customer:

Hello - thank you.

Customer:

I am not sure what an easement is. My neighbour does not usually park his car on the drive and certainly doesn't use it for 2 cars. At the moment I have no need to exercise my right of way but could possibly want to in the future and yes I am concerned that the new buyer will think that they can park on the drive as and when they wish - having said that, my right of way is registered at the Land Registry so any buyer should be informed.

LondonlawyerJ :

An easement is just the legal term for a right that the owner of one piece of land exercises over another persons land. I am not sure what to suggest. The fact that the right of way is registered makes it clear that any buyer will buy the property subject to the right of way of way. If you have a good relationship with your neighbour you might want to mention it to them.

Customer:

Ok - thank you very much.

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