Title Deeds

greatcrested

ZP63 said:

If I'm in the right can I not reclaim the legal fees that had to paid due to someone else's awkwardness

Yes you can claim costs if you win. However as I said:

You could go to court and request an injunction prohibiting them from ever blocking the access, but a) this may fail once the judge hears that access is being granted on request and .....

It is rare for legal action to be guaranteed to suceed. If you lose, he could claim his legal costs rom you.

ZP63

By him blocking the access wether he opens up or not isn't he doing wrong full stop
Why would the fact that him giving access change anything 
I mean the ideal situation would be to leave the area clear
If he wasn't being funny about it and complying I really don't have an issue with blocking it but like I said above he alwasy makes me feel like he's doing me a FAVOUR..

ZP63

Sorry for going on mate...its hard to find the right advice 
So in essence right of way can be obstructed and blocked?

xylophone

premises hereby conveyed from and to......... Road aforesaid through the gateway and over the yard of the adjoining property numbered aforesaid for the purpose of conveying ashes, refuse, coal and garden manure as heretofore used and enjoyed."

The RoW is extremely specific but does give you the right to use the path for the purposes specified. It does not say that these activities are restricted to any particular time of day.   It does not say that you need to seek the permission of the owner of the path - it seems to me that he must leave the path sufficiently clear at all times to permit you to undertake  all or any of the specified activities. 
"Moving refuse" presumably  includes moving your wheelie bin  which is hardly likely to be possible if there is a vehicle in the way.
If it is impossible to undertake the specified activities while the owner's vehicles are in the way, it seems you might have a case for his wilful failure to comply with the covenant?
What does your solicitor have to say?

ZP63

My solicitor has already established that I have right of way and I gave it to neighbour on written form which he made an issue out of
I don't think he was happy and it wasn't something he had anticipated 
The ideal situation would be that he leaves his cars there,I don't trouble him and when I need to he fully complies without making life difficult or goimg on rants

ZP63

Do you feel I have a strong case 
He actually parks his car in a way that when I open my garden gate there is no what, whatsoever to get out,not even a small child can get through let alone a wheelie bin 
Maybe I should put my bin at the back and make him move cars every week
He wants to do things at his convenience whxih surely is defeats the purpose of having right of way 

greatcrested

I no longer understand what you are expecting from us.

I've already said that you could bring a legal claim that might or might not succeed. My view is that the risk of not succeeding, combined with the time, stress costs involved, make it a path to avoid.

Xylophone has been more positive in his view, but no one can predict a judge's ruling.

Yet you now say you have had a solicitor's advice.

Best to rely on the professinal's advice you've paid for than random strangers on the internet.

ZP63

The ROW was written in 1925 so the fact is specific is probably according to the usage at the time
There were no cars back then so it wouldn't specify wether a car can be parked there but again common sense says he can't as it is a major obstruction