Footpath

davidmcn

AndyG2004_2 said:

frogglet said:

Norman_Castle said:

AndyG2004_2 said:

unforeseen said:

So you are parking in what looks like, by the layout of the road, part of a turning point rather than an actual parking space. 

Yes that’s correct [so you know you're parking where you shouldn't] but all the driveways are like that, to be honest, most households have 2 vehicles these days. 

Its not a driveway. What do your deeds say about the blacked out area?
You're limiting what you tell us to get the answers you want.

I would think  there is a gap between the house and garage which the OP doesn't own. 
 A lot of councils allow 1.5 car space per property despite a lot of homes having 2 or more cars.

What happens if maintenance is require on that piece of tarmac that in your opinion I don’t own, who is responsible for the work and cost. 

Like I asked back on page 1:

davidmcn said:

Are you sure there's nothing else in your title about maintenance liability? Didn't your solicitor explain the titles to you when you bought?

theoretica

Looking here https://www.landregistry-uk.com/map-search  You can see a clearer outline of which house owns what, but without any details of rights of way - which are clearly important as you need to drive over 466's land to get to your garage!

AndyG2004_2

davidmcn said:

AndyG2004_2 said:

frogglet said:

Norman_Castle said:

AndyG2004_2 said:

unforeseen said:

So you are parking in what looks like, by the layout of the road, part of a turning point rather than an actual parking space. 

Yes that’s correct [so you know you're parking where you shouldn't] but all the driveways are like that, to be honest, most households have 2 vehicles these days. 

Its not a driveway. What do your deeds say about the blacked out area?
You're limiting what you tell us to get the answers you want.

I would think  there is a gap between the house and garage which the OP doesn't own. 
 A lot of councils allow 1.5 car space per property despite a lot of homes having 2 or more cars.

What happens if maintenance is require on that piece of tarmac that in your opinion I don’t own, who is responsible for the work and cost. 

Like I asked back on page 1:

davidmcn said:

Are you sure there's nothing else in your title about maintenance liability? Didn't your solicitor explain the titles to you when you bought?

The only thing mentioned is what I’ve already put in this tread (image 1.5) the deed are I a different language and make no sense to me hence the reason to ask you guys, people who have experience or some knowledge about the s**t. I was only 20 years old when I bought this house and my solicitor obviously didn’t explain everything to me, now older and wiser it’s all coming to light. It’s just a mess and why a developer would plan it this way is baffling. 

davidmcn

AndyG2004_2 said:

davidmcn said:

AndyG2004_2 said:

frogglet said:

Norman_Castle said:

AndyG2004_2 said:

unforeseen said:

So you are parking in what looks like, by the layout of the road, part of a turning point rather than an actual parking space. 

Yes that’s correct [so you know you're parking where you shouldn't] but all the driveways are like that, to be honest, most households have 2 vehicles these days. 

Its not a driveway. What do your deeds say about the blacked out area?
You're limiting what you tell us to get the answers you want.

I would think  there is a gap between the house and garage which the OP doesn't own. 
 A lot of councils allow 1.5 car space per property despite a lot of homes having 2 or more cars.

What happens if maintenance is require on that piece of tarmac that in your opinion I don’t own, who is responsible for the work and cost. 

Like I asked back on page 1:

davidmcn said:

Are you sure there's nothing else in your title about maintenance liability? Didn't your solicitor explain the titles to you when you bought?

The only thing mentioned is what I’ve already put in this tread (image 1.5) the deed are I a different language and make no sense to me hence the reason to ask you guys, people who have experience or some knowledge about the s**t.

We can only give you a useful answer about your s**t if we can see your s**t! I'm not sure how you've decided that nothing else is relevant if you don't understand what it says.

Assuming the titles don't say anything else about it, and all you have is a right of way, that doesn't imply you have a right to carry out maintenance or that the owner can require you to contribute to the cost of maintenance. Maintenance is up to the owner.

But for a modern housing estate like this, I'd expect maintenance obligations/liability to be in there somewhere.

AndyG2004_2

davidmcn said:

AndyG2004_2 said:

davidmcn said:

AndyG2004_2 said:

frogglet said:

Norman_Castle said:

AndyG2004_2 said:

unforeseen said:

So you are parking in what looks like, by the layout of the road, part of a turning point rather than an actual parking space. 

Yes that’s correct [so you know you're parking where you shouldn't] but all the driveways are like that, to be honest, most households have 2 vehicles these days. 

Its not a driveway. What do your deeds say about the blacked out area?
You're limiting what you tell us to get the answers you want.

I would think  there is a gap between the house and garage which the OP doesn't own. 
 A lot of councils allow 1.5 car space per property despite a lot of homes having 2 or more cars.

What happens if maintenance is require on that piece of tarmac that in your opinion I don’t own, who is responsible for the work and cost. 

Like I asked back on page 1:

davidmcn said:

Are you sure there's nothing else in your title about maintenance liability? Didn't your solicitor explain the titles to you when you bought?

The only thing mentioned is what I’ve already put in this tread (image 1.5) the deed are I a different language and make no sense to me hence the reason to ask you guys, people who have experience or some knowledge about the s**t.

We can only give you a useful answer about your s**t if we can see your s**t! I'm not sure how you've decided that nothing else is relevant if you don't understand what it says.

Assuming the titles don't say anything else about it, and all you have is a right of way, that doesn't imply you have a right to carry out maintenance or that the owner can require you to contribute to the cost of maintenance. Maintenance is up to the owner.

But for a modern housing estate like this, I'd expect maintenance obligations/liability to be in there somewhere.

I understand what your saying but why do they write it so no normal person can understand it 😂

AnotherJoe

i just moved from a house where i had ROW over two neighbours drives to get to mine, none of them kicked up a fuss when i started repairing potholes in their tarmac. I think its very unlikely OP will have an issue doing similar. But he does have a cheek complaining about damage to his cars when its parked on that ROW, obstructing it. (at least thats what the pics look like to me)

Presumably OP you are parking there because its inconvenient to put the car in the garage ?

Ditzy_Mitzy

AndyG2004_2 said:

davidmcn said:

AndyG2004_2 said:

davidmcn said:

AndyG2004_2 said:

frogglet said:

Norman_Castle said:

AndyG2004_2 said:

unforeseen said:

So you are parking in what looks like, by the layout of the road, part of a turning point rather than an actual parking space. 

Yes that’s correct [so you know you're parking where you shouldn't] but all the driveways are like that, to be honest, most households have 2 vehicles these days. 

Its not a driveway. What do your deeds say about the blacked out area?
You're limiting what you tell us to get the answers you want.

I would think  there is a gap between the house and garage which the OP doesn't own. 
 A lot of councils allow 1.5 car space per property despite a lot of homes having 2 or more cars.

What happens if maintenance is require on that piece of tarmac that in your opinion I don’t own, who is responsible for the work and cost. 

Like I asked back on page 1:

davidmcn said:

Are you sure there's nothing else in your title about maintenance liability? Didn't your solicitor explain the titles to you when you bought?

The only thing mentioned is what I’ve already put in this tread (image 1.5) the deed are I a different language and make no sense to me hence the reason to ask you guys, people who have experience or some knowledge about the s**t.

We can only give you a useful answer about your s**t if we can see your s**t! I'm not sure how you've decided that nothing else is relevant if you don't understand what it says.

Assuming the titles don't say anything else about it, and all you have is a right of way, that doesn't imply you have a right to carry out maintenance or that the owner can require you to contribute to the cost of maintenance. Maintenance is up to the owner.

But for a modern housing estate like this, I'd expect maintenance obligations/liability to be in there somewhere.

I understand what your saying but why do they write it so no normal person can understand it 😂

Because if they did that there would be no need for normal people to have to pay solicitors and surveyors to decode this sort of thing for them!  
Actually none of it's too bad if one is used to it; the layman struggles because he doesn't have the day to day contact with Deeds and the like that a professional does.  

AndyG2004_2

AnotherJoe said:

i just moved from a house where i had ROW over two neighbours drives to get to mine, none of them kicked up a fuss when i started repairing potholes in their tarmac. I think its very unlikely OP will have an issue doing similar. But he does have a cheek complaining about damage to his cars when its parked on that ROW, obstructing it. (at least thats what the pics look like to me)

Presumably OP you are parking there because its inconvenient to put the car in the garage ?

Thats  because you can get the car in the garage but you can’t get out the car. 🤣

 

Slithery

AndyG2004_2 said:

I understand what your saying but why do they write it so no normal person can understand it 😂

If it was written in layman's terms it would leave the contract open to all sorts of various different interpretations.

It's written as it is so as to avoid any ambiguity.

princeofpounds

davidmcn said:

Assuming the titles don't say anything else about it, and all you have is a right of way, that doesn't imply you have a right to carry out maintenance or that the owner can require you to contribute to the cost of maintenance. Maintenance is up to the owner.

Davidmcn, I believe that is incorrect.

I'll repeat my point from earlier in the thread - Maintenance of a right of way is an ancillary right. There is a whole doctrine of ancillary rights that come with right-of-way easements, thanks to all the case law over the years. The whole idea being that sometimes enjoyment of a right of way requires the implied ability to do things which are not just passing along that right of way.

The owner actually has no obligation to maintain a basic right of way (unless that obligation arises in another manner) but the beneficiary of the easement has a right to maintain the right of way in a reasonable manner.