Holiday let

david806

Hi my neighbour has access over my parking area to get to the back of his house,

davidmcn

If the house has a right of access it doesn't matter whether you know the individuals exercising it or not. What exactly do your deeds say about it?

Davesnave

Your title documents will either confirm or deny his statement about entitlement. We can't see those.

Often the words "at all times and for all purposes" or "to pass and repass" are used in relation to rights of access, and they mean exactly what they say. Common sense has to be applied, though, so passing and repassing could include stopping briefly, but not parking and leaving a vehicle unattended.

Sometimes the right of access includes some mention of the owner's ability to grant that right to others whilst using their land. However, if matters of security are such that the owner of the servient land (you) need to secure that land, then a gate might be placed across the access, so long as it doesn't interfere with the rights of your neighbour.

It might therefore be possible for two reasonable people to use technology here, by having a gate with a security keypad, which would allow access to your neighbour and those renting their cottage, but deny it to others..

PasturesNew

He will potentially need planning permission to put a holiday let there - and/or any building.

If that box has been ticked then he's right - he can have anybody accessing his property via his right of way. In fact, even if he did it illegally they could still gain access via your driveway.

The right is for anybody with legitimate business at his address to come/go along that route. Who uses it come and go is irrelevant, so long as that's what they're doing when they use it.

What they CAN'T do is take the p155 and, say, use it as a parking spot... but anybody and his dog can come back/forth across the land to access the holiday let.

You need to read your deeds and get the EXACT wording so you know exactly what's what.

Ozzuk

One thought - you say it is a 'parking' area, it's not impossible but its certainly unusual to grant access over a parking area - as it would normally have your car in it. And you may also not be allowed to park there as it could block access!

Is this just a general right over your whole grounds (which is common) or is there a defined route?

david806

Because we park our vehicles there I thought there was an argument for saying it would spoil the peace and our right to enjoy our land for the purpose it was meant.

Mojisola

Ozzuk wrote: »

One thought - you say it is a 'parking' area, it's not impossible but its certainly unusual to grant access over a parking area - as it would normally have your car in it.

And you may also not be allowed to park there as it could block access!

david806 wrote: »

Because we park our vehicles there I thought there was an argument for saying it would spoil the peace and our right to enjoy our land for the purpose it was meant.

If there is a right of way over your land then you don't have 'rights' to it - the neighbour's rights over-ride yours.

As Ozzuk says, it may be that you shouldn't be parking on it at all (if that blocks the access).

Davesnave

david806 wrote: »

Because we park our vehicles there I thought there was an argument for saying it would spoil the peace and our right to enjoy our land for the purpose it was meant.

Your property's title documents will almost certainly make reference to this right of way, to which your solicitor/conveyancer should have drawn to your attention to before purchase. Are you saying that they didn't?

Occasionally, rights are obtained through use over a long time, so those might not appear in the documentation. These are the only sort that might come as a shock.

Thrugelmir

david806 wrote: »

This means I will have strangers entering my land all hour day and night.

Is there any barrier to stop people entering this piece of land?

G_M

Lots of suggestions, and lots of guesswork.

* Describe the area better for us. "my parking area" means a designated parking spot? Designated where/how? Or just a bit of your land that you've decided to park on?

* And if you're parked there, do you block the access? Is the access right pedestrian or vehicular? Or both/unspecified?

* Quote the exact wording of the right of access. As it appears in both your, and the neighbour's, Deeds (might be different!).

You're then more likely to get meaningful answers.

loveka

Mojisola wrote: »

If there is a right of way over your land then you don't have 'rights' to it - the neighbour's rights over-ride yours.

As Ozzuk says, it may be that you shouldn't be parking on it at all (if that blocks the access).

As above- a right of way cannot be extinguished without both parties agreeing. It's very unlikely your neighbour would agree. You have no rights at all, you have to allow anyone he chooses to cross your land.

We bought a house without the right if way being pointed out to us by anyone. We were lucky it was never used, but when you read the law on rights of way you realise how bad a right of way can be. Have a look on the garden law forum.

You are not allowed a to block a right of way.