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  • FIRST POST
    • cb01agw
    • By cb01agw 11th Feb 18, 5:39 PM
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    cb01agw
    Right of Way to driveway beyond
    • #1
    • 11th Feb 18, 5:39 PM
    Right of Way to driveway beyond 11th Feb 18 at 5:39 PM
    Hi, I was hoping someone could give me some advice on whether I can plant a hedge along the edge of our boundary, to the front of our house. As shown on the Land Registry we own the land. There is a right of way across the land for our two neighbours beyond to access their drive.

    Just recently the house furthest away has become a house of multiple occupancy and the tenants choose not to use their drive but park in front of my house. This also causes issues for the first house beyond my property to access their drive.

    Can I plant a hedge along the edge of the right of way piece of land that I own? I will have to use troughs for this hedge, I've seen some that are 2 metres wide and 30cm deep - I'll need about 4 of these. This will be more attractive for us to look onto a hedge rather than a neighbours brick wall and will also prevent parking. The troughs would be installed tight to the edge of my boundary and against another neighbours house wall. Cars will still be able to pass by (the piece of land is currently just two car widths, hence parking is possible, albeit tight for the neighbour to get on and off their drive).

    I have reviewed the two page Register of Title and it makes no reference to the right of way and whether anything can be put on it. We bought the house as a new build 8 years ago and the documentation with the house simply states: "boundary covers drive to front of house, people have access to plots 106 and 107."

    Thank you for your help, Andrew
Page 1
    • molerat
    • By molerat 11th Feb 18, 5:47 PM
    • 17,913 Posts
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    molerat
    • #2
    • 11th Feb 18, 5:47 PM
    • #2
    • 11th Feb 18, 5:47 PM
    If it is your land and you are not blocking any right of way as mentioned in your deeds then I can see no problem. Are these cars parking on your land ? A diagram or picture would help.
    www.helpforheroes.org.uk/donations.html
    • cb01agw
    • By cb01agw 11th Feb 18, 5:52 PM
    • 6 Posts
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    cb01agw
    • #3
    • 11th Feb 18, 5:52 PM
    • #3
    • 11th Feb 18, 5:52 PM
    Thanks for your quick reply. Yes they are parking on my land, which just so happens to have a right of way across it. I do have a scan of the Land Registry, I marked it up as well but cannot see how to attach to this forum!

    [IMG]C:\Users\User\OneDrive\Documents\Home\Land Registry[/IMG]
    • TheCyclingProgrammer
    • By TheCyclingProgrammer 11th Feb 18, 6:14 PM
    • 3,058 Posts
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    TheCyclingProgrammer
    • #4
    • 11th Feb 18, 6:14 PM
    • #4
    • 11th Feb 18, 6:14 PM
    As long as you aren!!!8217;t blocking a right of way and there!!!8217;s nothing in your deeds preventing you from doing so then I can!!!8217;t see why not.

    You!!!8217;d be best letting the occupants of both properties know out of courtesy and I!!!8217;d also politely tell the people parking on your property to stop doing so.
    • Davesnave
    • By Davesnave 11th Feb 18, 6:30 PM
    • 24,263 Posts
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    Davesnave
    • #5
    • 11th Feb 18, 6:30 PM
    • #5
    • 11th Feb 18, 6:30 PM
    Thanks for your quick reply. Yes they are parking on my land, which just so happens to have a right of way across it. I do have a scan of the Land Registry, I marked it up as well but cannot see how to attach to this forum!

    [IMG]C:\Users\User\OneDrive\Documents\Home\Land Registry[/IMG]
    Originally posted by cb01agw
    You must have images hosted somewhere, like imgur. You then post the link they give you, but break it first by adding a space. One of us can fix it.

    As a new user, your ability to post any links is restricted. It's nothing personal!

    https://imgur.com/
    'A society grows great when old men plant trees whose shade they'll never sit in.'
    • Davesnave
    • By Davesnave 11th Feb 18, 6:33 PM
    • 24,263 Posts
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    Davesnave
    • #6
    • 11th Feb 18, 6:33 PM
    • #6
    • 11th Feb 18, 6:33 PM
    Meanwhile.....

    A right of way is just the ability to pass and repass, moving from one place to another and it doesn't confer any right to park.
    'A society grows great when old men plant trees whose shade they'll never sit in.'
    • J B
    • By J B 11th Feb 18, 6:36 PM
    • 2,563 Posts
    • 855 Thanks
    J B
    • #7
    • 11th Feb 18, 6:36 PM
    • #7
    • 11th Feb 18, 6:36 PM
    Sorry, I'm a little confused

    Firstly you say that there is a right of way, but then you say there's no record of a right of way???
    • cb01agw
    • By cb01agw 11th Feb 18, 7:00 PM
    • 6 Posts
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    cb01agw
    • #8
    • 11th Feb 18, 7:00 PM
    • #8
    • 11th Feb 18, 7:00 PM
    Sorry, I'm not explaining it properly! The documents we got from the housebuilders state there is access for the two plots beyond us. However, my title deeds don't make any mention of this, and the boundary to our property clearly shows this land as ours. I am not looking to block the right of way, just plant some hedges to prevent people parking there and also improve the outlook from my dining room (which currently looks onto, at best the brick wall of a neighbours house or cars parked there!). Does that clarify? I'm just looking to upload a document now which will hopefully make it clear ...

    Thanks for all your help, Andrew
    • cb01agw
    • By cb01agw 11th Feb 18, 7:10 PM
    • 6 Posts
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    cb01agw
    • #9
    • 11th Feb 18, 7:10 PM
    • #9
    • 11th Feb 18, 7:10 PM
    Hi

    I have managed to upload the two pictures which show the land registry boundary and what I am intending to put there. Hope the links work!!

    htt ps://imgur.com/Gbx06dI

    htt ps://imgur.com/wARo8yC

    Thank you for all your help, Andrew
    • Jonesya
    • By Jonesya 11th Feb 18, 7:14 PM
    • 1,377 Posts
    • 843 Thanks
    Jonesya
    Meanwhile.....

    A right of way is just the ability to pass and repass, moving from one place to another and it doesn't confer any right to park.
    Originally posted by Davesnave
    Yeah this! Certainly worth investigating and confirming, solution could be as simple as asking them not to park on your land.
    • Davesnave
    • By Davesnave 11th Feb 18, 7:14 PM
    • 24,263 Posts
    • 90,900 Thanks
    Davesnave
    The links work:

    https://imgur.com/Gbx06dI

    https://imgur.com/wARo8yC


    What you propose seems fair enough to me. So long as sufficient access is maintained, no one can complain legitimately that you are interfering with their rights.

    It's really no different from a private drive where I live. Everyone living beyond has a right to pass over it, but none of them would be allowed to park on it.
    Last edited by Davesnave; 11-02-2018 at 7:23 PM.
    'A society grows great when old men plant trees whose shade they'll never sit in.'
    • custardy
    • By custardy 11th Feb 18, 7:18 PM
    • 32,983 Posts
    • 27,774 Thanks
    custardy
    Hi

    I have managed to upload the two pictures which show the land registry boundary and what I am intending to put there. Hope the links work!!





    Thank you for all your help, Andrew
    Originally posted by cb01agw

    Edited for images.
    • cb01agw
    • By cb01agw 11th Feb 18, 7:20 PM
    • 6 Posts
    • 0 Thanks
    cb01agw
    Unfortunately I have tried this a number of times, always being polite. We even have visitors bays in our cul-de-sac and I have asked them to use those or their drive. After I have spoken to them it works for a week or so and then they park there again! We also have something to gain from growing the hedge, as it will look nicer than seeing a brick wall opposite (or cars!). But I agree it should be as simple as (a) it is private property and (b) it is simply a right of way, which they are impeding by parking their car there!

    I want to check that I am not contravening something if I put troughs there. My father-in-law fears that it could be viewed as an obstruction or that we could be sued if someone collides with them. I think he is being over the top but I wanted to check. This isn't a road, it is just a piece of tarmac two neighbours have to cross to get to their drives, the piece of tarmac goes nowhere.

    Thanks, Andrew
    • rach_k
    • By rach_k 11th Feb 18, 7:57 PM
    • 1,121 Posts
    • 1,893 Thanks
    rach_k
    I don't think I would put anything tight against the neighbour's wall, just in case it traps damp or anything, but I'd still put planters on the drive. How is the visibility? If you can easily see from one end to the other, even if you took up half of the road, would it matter? They'd still have access but it wouldn't be two cars wide so they couldn't park there (they'd just have to wait at the entrance/on their drive for if somebody was coming the other way).
    • cb01agw
    • By cb01agw 11th Feb 18, 8:23 PM
    • 6 Posts
    • 0 Thanks
    cb01agw
    Hi, visibility is fine across the piece of land. It is really too tight for two cars to pass anyway, it is only just possible so it is usual practice for them to give way. Only two houses use the right of way so not major traffic! Good point about the proximity of the hedge to the building wall. The person who owns the house is happy for the troughs to go next to his house wall but I agree with you it makes sense to leave a gap.

    Thanks, Andrew
    • Norman Castle
    • By Norman Castle 12th Feb 18, 10:29 AM
    • 6,645 Posts
    • 5,402 Thanks
    Norman Castle
    http://www.boundary-problems.co.uk/boundary-problems/priv-r-o-w.html#vehicular%20private%20right%20of%20way

    A right of way is for access only, not for parking.
    Don't harass a hippie. You'll get bad karma.

    Never trust a newbie with a rtb tale.
    • stator
    • By stator 12th Feb 18, 10:50 AM
    • 6,018 Posts
    • 3,970 Thanks
    stator
    Does the HMO have an HMO licence? Check your council's HMO policy.
    If it doesn't, complain to the council.
    Changing the world, one sarcastic comment at a time.
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