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ROW Query
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House A owns both the passageway and the room above.
House B is leaving the wheelie bin on House A’s driveway on a weekly basis. Can House A request that they no longer do this?
House A has started to park over the entirety of their driveway - this does not prevent house B from accessing the ROW passageway between the two houses (however this will prevent House B from leaving their wheelie bin on House A’s driveway and using this section of the driveway as their own). Can House B complain about this?0 -
Yes, of course they can complain, but no one need take any notice of the complaints.Ldncottage wrote: »House A has started to park over the entirety of their driveway - this does not prevent house B from accessing the ROW passageway between the two houses (however this will prevent House B from leaving their wheelie bin on House A’s driveway and using this section of the driveway as their own). Can House B complain about this?
However, it isn't clear why House B's occupants have been 'tiling' bits of the drive and parking wheelie bins on it. Is it because they want to provoke the occupants of A, or is it because they have mistaken beliefs about the legal position regarding the access/ RoW?
The answer makes quite a difference to how the matter might be resolved.0 -
Sounds like time for tea. Have copies of both properties' Titles and Plans handy. Hopefully resolve amicably.
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Thank you!
Can anyone also advise on how “so far as the vendor can grant the same” can be interpreted?
‘including the right (so far as the Vendor can grant the same) to pass and repass on foot only over so much of the passage way‘0 -
means if the vendor is not legally in a position to grant that right, then they cannot be held liable for not doing so.0
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