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Michael Holly
Michael Holly, Solicitor
Category: Property Law
Satisfied Customers: 6658
Experience:  BA honours degree in law, over 20 years experience in litigation, contract and property matters
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My neighbour has a right of way over my driveway with some

Resolved Question:

My neighbour has a right of way over my driveway with some unusual wording on the conveyance. I wuld like to know exactly what they can and cannot do on my property
Submitted: 2 years ago.
Category: Property Law
Expert:  Aston Lawyer replied 2 years ago.

Hello and thanks for using Just Answer.

I am Al and am happy to assist you with your enquiry.

A right of way means your neighbour has only a right to pass over the drive to gain access to and from their property. It does not mean they have any right to say park on the driveway.

Not sure if this clarifies what you need to find out, so please let me know if you need any further clarification.

Kind Regards

Al

Customer: replied 2 years ago.

Hi Al, thank you

This is the exact wording on the conveyance: full right and liberty to pass and repass with or without vehicles at all times and for all purposes connected with the use and enjoyment of the property hereby conveyed over and along the strip of land seven feet in width coloured brown together with all existing rights and easements amenities and privileges relating to the property hereby conveyed and in particular for the supply of water etc through the pipes laid under or over the property edged green and coloured brown but excepting any rights of way or any right to park vehicles upon any part of the said adjoining property edged green - it is this last bit that is causing disagreement as it expressly says they can't park on the bit edged green but does not express no right to park on the bit coloured brown. The brown strip leads to their gate but there is not room for a car to get through the gate onto their own land. So the right of way is solely up to the edge of their property - there is plenty of room for us to pass by in a large vehicle if they do park on the right of way. SO, if there is a right of way to drive up to their front garden - what is it for - unloading? And what about the phrase "full enjoyment of the property" does that mean they can stop a car rhere and get out? What about visitors to the house etc? These are the argumants they have raised for being able to park there

Expert:  Michael Holly replied 2 years ago.

They are wrong.

Whilst the conveytance could be expressed better there is a difference in what can be done over the brown section and the green section.

The brown section allows a right to pass over it and is a right of way giving no right to park. The green section excludes a right of way over it and this is the intention

. The fact that the green section goes on to state it also does not permit parking does not mean the brown section impliedly does as the brown section is clearly stated to be a right of way.

If they could park somewhere without blocking access whether it be green or brown there is no reason why you both cannot simply agree that this can be the case whilst you both live there.

I suggest you try and sort this out over a pint.

I hope this helps. If there are any further points please reply

Best wishes

Michael

Customer: replied 2 years ago.

Thank you Michael - the only other point they have raised is that they have been parking there for 3 years and the previous owner of my house didn't comment. The previous owner of their house parked there for 13 years and no one minded. Also before that, my house was a restaurant and people parked all over the place - they are not difficult people I don't think but they said something about us being the only people who have reaised any kind of issue about parking since the two properties were separated 50 years ago and they could be right about that - could that change things?

Expert:  Michael Holly replied 2 years ago.

The fact that the previous owner(s) did not mind does not waive your rights in this situation. It simply means they reached an accomodation that worked for them . The fact it no longer works shows a new accomodation is necessary.

Best wishes

Michael

Customer: replied 2 years ago.

They called it a prescriptive right?

Expert:  Michael Holly replied 2 years ago.

A prescriptive right is the right to a right of way where a person has used that route over another's land for 20 years or more. There is already a right a way here and there is no prescriptive right to park!

Best regards

Michael

Customer: replied 2 years ago.

Thank you Michael. I thought not. I don't mind them parking there by the way - it's just that there is a difference between being okay with someone doing something and being told you have no choice.

Expert:  Michael Holly replied 2 years ago.

There is a World of difference between being asked and being told!

Michael

Michael Holly, Solicitor
Category: Property Law
Satisfied Customers: 6658
Experience: BA honours degree in law, over 20 years experience in litigation, contract and property matters
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