I have a right of way - advice please

littlebranshill

I have a right of way over an unmade road that is eventually a dead end. This track runs beside my house and I have to use it to enter my property. On the deeds it says that I have a "right of way for all purposes". My horrible neighbours that live quarter of a mile down the track own it and have said that I am not allowed to park my car (or my friends) car on this track. Surely if it says in the deeds that I have a right "for all purposes" this includes parking? Can anyone help?

tomtontom

A right of way is a right to access your property, not a right to park on there. Do you not have parking on your property?

Nobbie1967

A right of way allows you to travel over someone else's land, it does not allow you to park a car there. Can't you park it on your own land?

PasturesNew

A right of way for all purposes, I'd expect to mean "but not for parking". It'd mean, to walk, cycle, drive over - and back ... but not to stop/park.

When you park are you blocking it in any way for, say, an ambulance, a fire engine, a tractor?

How big/wide is the right of way? Do you park ON the right of way, or on the grass verge beside it.

I think you'll find that they're right though.

You've access, a right of WAY ... not a parking spot.

theartfullodger

What tomtontom says..

How & where is the right of way documented?? Read that & it might (probably won't) say you may also park there..: Doubt it mind!

Otherwise the owners, charming or otherwise, can permit or not what then wish beyond basic right-of-way.

Were it me owning the track I would formally refuse the right to park in case you acquired some permanent right.

How have you been ingratiating yourself & making them like you??


PS You also don't want to have to declare a dispute with them/neighbours/re-right-of-way when you sell....

davidmcn

littlebranshill wrote: »

Surely if it says in the deeds that I have a right "for all purposes" this includes parking?

That's (probably) a right of way for all purposes, not a right to use the track for purposes other than as a right of way. If it doesn't say you have a right to park on it then you probably can't.

moneyistooshorttomention

As I recall - the words "right of way" tend to have the other words of "to pass and repass" by them. That means exactly that - ie the right to drive/walk up and down and not to stay put stationary.

Some people don't seem to be aware of that and I could certainly think of one living just a few feet from my house:cool: - but parking on the ROW is not legally allowed.

It is basically permissible to stay put on a ROW for just long enough to load/unload people or goods - and then the vehicle concerned has to move on.

littlebranshill

Yes I do have parking on my property and very rarely actually use it for parking. It's really friends who park there. There is plenty of room and emergency services would not be obstructed. No mention of parking on the deeds. Thanks for all your help. At least it's clearer now.

littlebranshill

Just an afterthought: If it says on my deeds right of way "for all purposes" why cannot this include parking?

Guest101

Well there's not much they can do about your friends parking there.


It's a trespass, a civil matter.

tomtontom

littlebranshill wrote: »

Just an afterthought: If it says on my deeds right of way "for all purposes" why cannot this include parking?

The clause needs to be interpreted as a whole. A right of way is for movement, not for stopping. So you are allowed to use the road for movement to and from your property by any method.

Guest101 wrote: »

Well there's not much they can do about your friends parking there.


It's a trespass, a civil matter.

If they wanted to be really difficult they could sue the OP. They could also create problems if the OP decided to sell.