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Ash
Ash, Solicitor
Category: Property Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I have a right of way over my neighbours land purposes

Resolved Question:

i have a right of way over my neighbours land for all purposes including vehicle access etc, no restrictions, can I park on that right of way to load and unload goods this a commercial and residential mix property there are no other parking areas or access elsewhere my entrances open on to that right of way
Submitted: 1 year ago.
Category: Property Law
Expert:  Ash replied 1 year ago.
Hello my name is ***** ***** I will help you with this.Does it say you can load/unload or just that you have a right of way?Alex
Customer: replied 1 year ago.
it states in the deeds, a right of way at all times and for all purposes with or without vehicles, the owner has warned me that if a vehicle is on the drive( the right of way) if will remove it and charge me accordingly including towing and ticketing , I have used this land for over 30 years with no owner intervention in that time and I have soley looked after and maintained that access the owners have never used it till now.
Expert:  Ash replied 1 year ago.
Have you loaded and unloaded for 30 years?
Customer: replied 1 year ago.
I have unloaded and loaded, stored bins the commercial type ones on that land, but to the side that was not blocking any access, I have also parked vehicles on it over night in that entire time, when I say me, I mean me and the people before me, the ownres of the land that is the right of way have never used it and have never paid towards its maintanace I have done that soley. in fact it is all dug up and left uneven and rumble everywhere as the owners now have placed new services in the ground but have not reinstated it as it was, which makes rolling bins out and vehicle use near impossible.
Expert:  Ash replied 1 year ago.
you want to block access but this is something that you have not done before?
Customer: replied 1 year ago.
no, the owner of the land over which I have right of way over has said that nothing must be left on the land that has the right of way over, but previously I have stored commercial bins and parked viechles on it, as I have done for 30 years with no issues, but now the owner has threatened with parking tickets and towing away, I would like to know where I stand, and can I least park a vehicle for loading and unloading on the right of way
Expert:  Ash replied 1 year ago.
Just to be clear, what you want to do is what you have been doing for 30 years?
Customer: replied 1 year ago.
well yes can I, and I want to know is it ok to unload and load and receive deliveries whilst stationary on the right of way as there is no other access.
Expert:  Ash replied 1 year ago.
Have you always loaded and unloaded?
Customer: replied 1 year ago.
always as well as storing my bins on the land that has the right of way
Expert:  Ash replied 1 year ago.
Ok- then you can continue doing this. You have gained a Prescriptive Right under the Prescription Act 1832.If he does then you can get a Solicitor to write and say that you have rights that were gained after 20 years use. This right becomes absolute after 40 years.If he does not let you then you can seek a Court order using form N1:http://s3-eu-west-1.amazonaws.com/hmctsformfinder/n001-eng.pdfAnd N16a:http://s3-eu-west-1.amazonaws.com/hmctsformfinder/n016a-eng.pdfThe Court will list the matter for hearing and decide whether to grant an order preventing this person giving you access and right of way etc. If the court makes the order and he ignores this then this could be contempt of Court which he could be warned, fined or sent to prison.But to be clear, it is ILLEGAL to tow your vehicle.Can I clarify anything for you about this today please? Alex
Customer: replied 1 year ago.
he cant tow a vehicle away how about parking ticket as he might try an enforce something, and the prescription rights does it matter that it was not always me but my family before me from whom I bought the property.
Customer: replied 1 year ago.
is getting the prescriptive rights in court an expensive process
Expert:  Ash replied 1 year ago.
No he can't tow. It can be ticketed if they appropriate signs etc..... The right can apply to family etc.It can cost around £10,000Does that clarify?Alex
Customer: replied 1 year ago.
would I be able to still store my bins on this land as I have been
Expert:  Ash replied 1 year ago.
you have a right. Does that clarify? Alex
Ash, Solicitor
Category: Property Law
Satisfied Customers: 10916
Experience: Solicitor with 5+ years experience
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