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Andrew
Andrew, Solicitor
Category: Property Law
Satisfied Customers: 123
Experience:  LLB (Hons)
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Myself and my neighbour have access rights on foot and by

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Myself and my neighbour have access rights on foot and by vehicle on a driveway adjacent to our houses. The driveway is owned by a third party who has recently sold parking rights to my neighbour. The result is that they are quite often blocking my access with parked car. Is the driveway owner allowed to sell parking rights that ignore my right to access?

Hi, thanks for your enquiry.

As you already had a right of way over the driveway, the owner of it can not then grant any third party any rights which would hinder or obstruct your Right of way. I am sure you do not want to have to take Court proceedings against the driveway owner but it would be wise for you to write to him stating that unless he takes positive action to prevent your right of way from becoming obstructed, then you will have to consider issuing Court proceedings against him.

I hope this sets out the general legal position.

Kind Regards

Andrew

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