Neighbour who has a private right of way is parking and leaving their things there

Section62

canaldumidi said:

You canot assume the ROW is pedestrian only. It could include vehicular.

I agree - generally the only way of being sure it is pedestrian only is if it states something like "right of way on foot [only]" or "right of way on foot with or without carried goods"... almost anything else which hints that the right includes use of a vehicle (e.g. a 'cart') opens the door to using it with a car.  From past experience I would say it is best to assume that stopping someone exercising their "right of way" (no qualification) using a car is going to be hard work.

gun_raider

Section62 said:

canaldumidi said:

You canot assume the ROW is pedestrian only. It could include vehicular.

I agree - generally the only way of being sure it is pedestrian only is if it states something like "right of way on foot [only]" or "right of way on foot with or without carried goods"... almost anything else which hints that the right includes use of a vehicle (e.g. a 'cart') opens the door to using it with a car.  From past experience I would say it is best to assume that stopping someone exercising their "right of way" (no qualification) using a car is going to be hard work.

According to this page (which has been linked on MSE a few times) http://www.boundary-problems.co.uk/boundary-problems/priv-r-o-w.html a vehicular right of way is not a right of parking.

There is only one entrace to the right of way, if you want to exit you have to reverse back.

Norman_Castle

http://www.boundary-problems.co.uk/boundary-problems/priv-r-o-w.html

I'd be annoyed if the parking is blocking access but that will give you an introduction to questioning the other uses of the row such as parking and the container. You need to talk to them, they may be unaware that they shouldn't park there or the container may be temporary. If your access was clear would you be bothered about the situation? I'm not sure if allowing this to continue for a period of time enables them to claim a right to use it this way at a later date. Obviously worth investigating.

Section62

gun_raider said:

Section62 said:

canaldumidi said:

You canot assume the ROW is pedestrian only. It could include vehicular.

I agree - generally the only way of being sure it is pedestrian only is if it states something like "right of way on foot [only]" or "right of way on foot with or without carried goods"... almost anything else which hints that the right includes use of a vehicle (e.g. a 'cart') opens the door to using it with a car.  From past experience I would say it is best to assume that stopping someone exercising their "right of way" (no qualification) using a car is going to be hard work.

According to this page (which has been linked on MSE a few times) http://www.boundary-problems.co.uk/boundary-problems/priv-r-o-w.html a vehicular right of way is not a right of parking.

I don't think anyone has, or would, dispute that.

MalMonroe

gun_raider said:

user1977 said:

gun_raider said:

I was thinking of getting my solicitor to write a letter up highlighting the issues at hand.

Why go straight to lawyers? Why not just talk to him about it?

New neighbourhood. Don't know if they're reasonable people.

What??? There is a very easy way to find out!!

What's wrong with making a friendly and pleasant approach to them in the first instance? They might not know that YOU are reasonable.  Are you?  It works both ways. Speaking to strangers (us) on a forum about going straight to a solicitor without first even having a discussion with a neighbour (where YOU are the new addition) is definitely NOT reasonable behaviour.

Start talking, take a bunch of flowers or a box of chocolate biscuits or both. Have a chat. See what he says and try to work out an amicable agreement. 

sheramber

Does your neighbour own his house?  He may be renting and unaware it is a ROW.

What do his deeds say about the ROW?

p00hsticks

gun_raider said:

There is only one entrace to the right of way, if you want to exit you have to reverse back.

So what is it actually a Right Of Way to ?

Usually a ROW across other peoples land is for the purpose of getting from A to B - e.g. from the back of the house to the street, or from the house to the garden etc....

gun_raider

p00hsticks said:

gun_raider said:

There is only one entrace to the right of way, if you want to exit you have to reverse back.

So what is it actually a Right Of Way to ?

Usually a ROW across other peoples land is for the purpose of getting from A to B - e.g. from the back of the house to the street, or from the house to the garden etc....

He used to have a garage there that has now been converted to an office room. The garage door has gone and is just a flat wall (what the other cofreeholder told me). His garden is now joined with the garage that has been converted to an office room.

His title says “the right to use the passageway at the back of” house numbers so and so. But there is no door there for him to access that passageway through the right of way land. So I’m not even sure what his right of way is for now.

and no they’re not renting. They own the place.

lookstraightahead

Do you have a plan that you can put in here?

theoretica

gun_raider said:

p00hsticks said:

gun_raider said:

There is only one entrace to the right of way, if you want to exit you have to reverse back.

So what is it actually a Right Of Way to ?

Usually a ROW across other peoples land is for the purpose of getting from A to B - e.g. from the back of the house to the street, or from the house to the garden etc....

He used to have a garage there that has now been converted to an office room. The garage door has gone and is just a flat wall (what the other cofreeholder told me). His garden is now joined with the garage that has been converted to an office room.

His title says “the right to use the passageway at the back of” house numbers so and so. But there is no door there for him to access that passageway through the right of way land. So I’m not even sure what his right of way is for now.

and no they’re not renting. They own the place.

I read up on that once and even if the right of way is for something that no longer exists (eg access to a well, or here a garage door) they still legally have ROW to where it was - unless they agree to change the deeds.