I have a right of way - advice please

Guest101

tomtontom wrote: »

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.



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

Sue the OP for what though?


What's their loss?

littlebranshill

They are not likely to sue. In fact I am surprised that it has gone this far. They are like the Clampits - they came into money, bought a large property, got equity release and now have debts all over the place - or at least the daughter in law (the trouble maker) has. Unfortunately they are not likely to go away as have been there for about 15yrs. Will advise friends to bring their cars in. Life's too short. Will wait to see what other problems they have in store for me!

tomtontom

Guest101 wrote: »

Sue the OP for what though?


What's their loss?

There doesn't need to be a loss to sue for trespass, a claim could be made for negotiating damages (and aggravating damages where appropriate).

PasturesNew

littlebranshill wrote: »

Will advise friends to bring their cars in.

Ah, so you do have room, but you/your friends have been choosing not to use that.

I can see this would annoy the landowners.

Glad you have space for it.

In all honesty, maybe if you'd not had the room, they'd have not brought it to your attention. Having the room and not using is really kind of smacks of "taking the pee".

macman

littlebranshill wrote: »

They are not likely to sue. In fact I am surprised that it has gone this far. They are like the Clampits - they came into money, bought a large property, got equity release and now have debts all over the place - or at least the daughter in law (the trouble maker) has. Unfortunately they are not likely to go away as have been there for about 15yrs. Will advise friends to bring their cars in. Life's too short. Will wait to see what other problems they have in store for me!

None of which has any relevance to the right of way.

Guest101

tomtontom wrote: »

There doesn't need to be a loss to sue for trespass, a claim could be made for negotiating damages (and aggravating damages where appropriate).

I doubt they'd be very successful

G_M

littlebranshill wrote: »

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

So there are two elements:

1) right of way.
as explained above 'way' in this context = pass and re-pass ie travel along
What you cannot do is build on it, put up advertising boards on it, graze your horse on it, hold a summer BBQ on it, park on it or, indeed, do anything except travel along it

2) for all purposes
ie to go for a walk, to drive to the shops, for your kids to cycle along to visit their friends, to transport sand/cement to your house to build an extension, to go and collect your grandmother for a weekend visit. In fact you can use it for any reason you wish, provided what you are doing is using it as a 'right of way' (to travel along)

150940

Guest101 wrote: »

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


It's a trespass, a civil matter.

Since you like to make crimes out of situations where there aren't any why not look at harassment?

If the op keeps parking there's that's a course of conduct. Same with any repeat visitors.

Guest101

150940 wrote: »

Since you like to make crimes out of situations where there aren't any why not look at harassment?

If the op keeps parking there's that's a course of conduct. Same with any repeat visitors.

Because this is simply tresspass.

Harassment requires more than just a course of conduct.

Probably safer if we ont comment on one anothers posts. I have zero repect for your view point, best we dont interact.

theartfullodger

littlebranshill wrote: »

Yes I do have parking on my property and very rarely actually use it for parking. It's really friends who park there. .....

OK: Lets assume YOU have right of way over that land: Your friends don't (unless they hold a document providing it). On the face of it if you want friends to visit you must transport them & not park your or their vehicle on land that is not yours, to whit the road...

Anyone else??