Rights of Way to my property

funkymunkyuk

Hi All,

Please excuse me if this is in the wrong forum.

I have a public house which has a rear delivery entrance through the driveway of an estate agents. We have right of way which on the title register charges section states:

" together with a right of way for all purposes as now used and enjoyed over the yard or open space coloured violet on the said plan to the piece of land " ( this violet area is the area leading up to my back gates )

Can I use this rear land as an entrance and should the right of way area be kept free of cars at all times?

I am only looking at this as we recently purchased the property and the neighbour is being very aggressive and territorial. The neighbour owns the strip of land but we have the access as shown above.

Any advice will be welcome!
Regards,
Naomi

princeofpounds

Sounds to me like you are in the right, depending on 'all purposes for which now used'

G_M

Disputes like this betwen neighbours are best resolved amicably. That means face-to-face.

However if the neighbour is "very aggressive and territorial" that may not be possible/appropriate. Try visiting to discuss, and take with you a copy of the Register to show.

Failing this, send a polite letter, enclosing a copy, and asking that the area be kept clear for your access.

However as PoP says, what has it been used for to date, and what do you propose to use it for? ('all purposes for which now used')

funkymunkyuk

Hello and thanks for the replies.

For the last 200 years the property has been a pub. There are big double gates which belong to me and they go into my property from the edge of the right of way area. It has traditionally been used as a delivery entrance.

Would it be possible to use these gates as another entrance for the public as it is right in the middle of a town centre square? The right of way driveway is about 8 metres long.

I have tried to speak to him but he just wants to make things awkward really and keeps a couple of cars there all the time to stop our builders getting in etc.

Thanks again,
Naomi

G_M

It sounds like you want to significantly change the use of the access, from deliveries (once a day???) to public access (ALL day!?).

So I can understand the neighbour not being best pleased.

Whether you are permitted to extend the use of the ROW depends on many factors, and may indeed require a court decision, unless you can reach a compromise.

I suggest speaking to a solicitor specialising in this area if you get nowhere with the neighbour.