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Hi Jo. Builder bought the plot and built 3 terraced houses, of which we are the middle. He is the end one, farthest from road (on our private drive for 3) and he has to pass through our property (house/garden one side, garage/sheds on the other) and he is the one with the gate and fence on our mutual boundary. In the Transfer Deed:
13.3 Rights Reserved for the Benefit of the Retained Land [Builder's]
..126.96.36.199 A right of way at all times and for all lawful purposes with or without vehicles over that part of the property coloured green ("the Access-way") on the Plan.
13.5 Restrictive Covenants by the Transferee [self and wife]
..188.8.131.52The Transferee shall not do or permit the doing of any act whether of a temporary or permanent nature that may interfere with or restrict or in anyway prevent or prejudice the full and free exercise by the Transferor of the rights reserved for the benefit of the Retained Land in clause 13.3 or may come to do so and for the avoidance of doubt this includes an obligation by the Transferee not to park on or obstruct the Access-way.
That's all I can see that is relevant.
Thanks Jo, that's very clear. Just 2 things. (1) should the third sentence in third last para read "..., it is not a particularly strong claim ..."? (2) we had read elsewhere (http://www.boundary-problems.co.uk/boundary-problems/priv-r-o-w.html), though without any legal back-up or precedent, that, "generally, you may pass and repass along a right of way as long as you do not stop and linger on the right of way". We see the sense in your reply, which would make the above generalisation nonsense.
Yes, that's fine, of course!