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LondonlawyerJ, Solicitor
Category: Property Law
Satisfied Customers: 822
Experience:  Experienced solicitor
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I have just bought a house with an access lane, giving the

Customer Question

I have just bought a house with an access lane, giving the neighbour access to their 2 garages. The neighbour has no right to park on the access lane, but he is now saying that I don't have right to park on it either!!! The lane is 7.6m wide, which even allows a fire engine to fit down it alongside my cars. Please can you clarify reasonable access?
Submitted: 1 year ago.
Category: Property Law
Expert:  LondonlawyerJ replied 1 year ago.

Hello, I m a solicitor with 20 years experience. I will try to answer this for you.

I take it the access lane is on your land your neighbour has an easement across your land on the lane to his garages (probably on his land). Have I got that right?

If so then as long as you do not block access along the lane with your parking then he can not prevent you parking there. An exception to this would be if there was some sort of binding agreement (eg a restrictive covenant) preventing your use of the lane for parking. Your solicitor would have told you if there was any such covenant when you purchased the land.

Parking on your lane without restricting access is probably something you can do.

Is reasonable access a phrase your neighbour is throwing about? Why does he say you can not park on your own land? If he is alleging this then he should be asked why he thinks this?

Customer: replied 1 year ago.
Hi, is this free now?
The land outside his garages is mine too.the access lane is 7.6m wide but he says he has to have access to all of it! If I park, a fire engine can still fit down, but he is insistent that I have no right to park. He is the landlord, his tenants parked 4 vehicles regularly on my land, I said l felt that was unreasonable, so I feel this is just being difficult. he also said the land directly outside of his garages is of no concern of mine, yet I own it, it is clearly on my deeds.
Customer: replied 1 year ago.
Ps there is no restrictive covenant on it.
Expert:  LondonlawyerJ replied 1 year ago.

You are right he is just being difficult. If you are not preventing the exercise of the right of way you ca do what you want.