Access for a horse and cart.

Pruflo

Hi all,

I'm wondering if anyone has come across this situation and whether you may have an answer.

I will, if we proceed speak to the solicitor about it but being impatient I thought I'd ask the fonts of knowledge on here.

We are looking at buying a house that has a driveway between it and the next property. The drive belongs to the house we are looking at. I am told that the deeds state that the neighbour has right of access for a horse and cart (it's an old house :0). They currently reverse their car up the drive and park at the back of their house.

If they didn't do this they would have to leave the car on the road.

My question is - do horse and cart rights extend to motorised vehicles ? Or could we if we chose ask them not to use our driveway for their car.

I appreciate it could cause bad feeling and it is at the moment just something for consideration but I would prefer not to have to squish my car up against the wall in my own drive if I didn't have to.

Cheers for any help :0)

Mojisola

It sounds as if they have a right of way - the mention of a cart is usually there to define how wide the ROW has to be. You can't stop them using it and may not be allowed to park your car on the drive if it impedes their access.

By the way, the access for a horse and cart was often so that the honeypot men could get to the outside toilets in the back gardens and empty the pits.

Guest101

Are they parking on your property? because rights of access do not extend to that

missindecisive

if your going to buy this house you will need to accept that although you will own the drive , your neighbour has the right to use it to access their own area..if you don't like the sound of it don't buy it.

Pruflo

No, they park on their own property.

I suppose my concern would be if they clipped my car my while accessing th rear of their house. It's quite a wide drive. The current owner tucks her car up against the wall so they can get past.

Pruflo

Thanks Missindecisive - I appreciate that fact but I actually asked if anyone knew the legalities of it.

Mojisola

Pruflo wrote: »

Thanks Missindecisive - I appreciate that fact but I actually asked if anyone knew the legalities of it.

missindecisive wrote: »

if your going to buy this house you will need to accept that although you will own the drive , your neighbour has the right to use it to access their own area..if you don't like the sound of it don't buy it.

Doesn't that explain the legalities?

Pruflo

Not really, I asked whether a car can be defined as a horse and cart. I have no issues with rights of access.

Mojisola

Mojisola wrote: »

It sounds as if they have a right of way - the mention of a cart is usually there to define how wide the ROW has to be.

Pruflo wrote: »

Not really, I asked whether a car can be defined as a horse and cart. I have no issues with rights of access.

They will have a ROW of a certain width.

Depending on how long the neighbours have been using the drive for a car, they may also have gained other rights.

G_M

Pruflo wrote: »

Thanks Missindecisive - I appreciate that fact but I actually asked if anyone knew the legalities of it.

Yes.

my concern would be if they clipped my car my while accessing th rear of their house.

You sue them for damages.

Your Q has been answered by Mojisola, just not in the words you are looking for.

Richard_Webster

We need to see the precise wording of the right. In most cases it would include motor vehicles, but it will depend on the wording. You haven't given us the wording so there is a lot of speculation here.