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Driveway Access - Pinch Points - Knowing My Rights for Right of Way

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  • Ath_Wat
    Ath_Wat Posts: 1,504 Forumite
    1,000 Posts Name Dropper
    Ath_Wat said:
    At the moment you can always drive through to park your car in the garage.  Whether the neighbour parks his car on it or doesn't is fairly irrelevant to you as long as he doesn't block your ability to do that.

    What are you hoping to gain from spending money on a  solicitor?  To try and force him into letting you wash your car on the drive, or just to stop him parking there out of revenge for him not letting you do things?

    Remember it is his land.  I wouldn't want someone on my land spraying water around for an hour every Sunday when my kids might want to ride their bikes up and down it.  Maybe he wanted to do folk dancing where you were washing your car, or where your kids were riding their bikes up and down.  It's his land,  he can do whatever he likes on it as long as he can move to let you through when you need to go through.  You can't.
    Deeds are legally binding.  When they bought the house, they knew I had a RoW, so they are understanding and exercising their rights to tell me not to wash my car etc.  I am fine with that.

    All I want to know is, based on the deeds, what are my rights.  Why so much negativity.  Chill, relax and be merry.

    Mr Fury was the name I wanted to use, but thought it to be comical by making it furious instead.  It was all tongue in cheek fun, but I guess some of you see the name and think of me as some furious cyclone of a monster LMAO!!

    Anyway, happy times.  Stay safe and keep the positive constructive messages coming in :D
    You say I'm being negative. I say I'm encouraging you not to waste money on solicitors unless you have an idea what you are trying to achieve, and to think carefully whether if all you want to do is upset your neighbour, that's the best use of your money.

    You could buy your kids new bikes instead.
  • MattFurious
    MattFurious Posts: 35 Forumite
    10 Posts
    Ath_Wat said:
    Ath_Wat said:
    At the moment you can always drive through to park your car in the garage.  Whether the neighbour parks his car on it or doesn't is fairly irrelevant to you as long as he doesn't block your ability to do that.

    What are you hoping to gain from spending money on a  solicitor?  To try and force him into letting you wash your car on the drive, or just to stop him parking there out of revenge for him not letting you do things?

    Remember it is his land.  I wouldn't want someone on my land spraying water around for an hour every Sunday when my kids might want to ride their bikes up and down it.  Maybe he wanted to do folk dancing where you were washing your car, or where your kids were riding their bikes up and down.  It's his land,  he can do whatever he likes on it as long as he can move to let you through when you need to go through.  You can't.
    Deeds are legally binding.  When they bought the house, they knew I had a RoW, so they are understanding and exercising their rights to tell me not to wash my car etc.  I am fine with that.

    All I want to know is, based on the deeds, what are my rights.  Why so much negativity.  Chill, relax and be merry.

    Mr Fury was the name I wanted to use, but thought it to be comical by making it furious instead.  It was all tongue in cheek fun, but I guess some of you see the name and think of me as some furious cyclone of a monster LMAO!!

    Anyway, happy times.  Stay safe and keep the positive constructive messages coming in :D
    You say I'm being negative. I say I'm encouraging you not to waste money on solicitors unless you have an idea what you are trying to achieve, and to think carefully whether if all you want to do is upset your neighbour, that's the best use of your money.

    You could buy your kids new bikes instead.
    Buy them bikes that they cannot use on the driveway and have them stored alongside their other bikes that get minimal use!!  Yeah, cheers for that!!! LOL
  • markin
    markin Posts: 3,860 Forumite
    Sixth Anniversary 1,000 Posts Name Dropper Photogenic
    How long until you get letters about you allowing your visitors to park on their drive, Your solicitors have shafted you here, and so have the developers by not making it joint ownership.

    On the other matter Letter head of 'David and David' rather than 'David and David law' would keep it in the law but looking more 'official'  The Dangers of internet forums lol, I've seen it suggested many times.

  • Ath_Wat
    Ath_Wat Posts: 1,504 Forumite
    1,000 Posts Name Dropper
    markin said:
    How long until you get letters about you allowing your visitors to park on their drive, Your solicitors have shafted you here, and so have the developers by not making it joint ownership.


    He's not allowing his visitors to park on their drive, nor should he be.  Why would he get letters about it?

  • MattFurious
    MattFurious Posts: 35 Forumite
    10 Posts
    boundary-problems.co.uk /boundary-problems/ priv-r-o-w.html

    This is really helpful, thanks :)
  • Woolsery
    Woolsery Posts: 1,535 Forumite
    1,000 Posts Photogenic Name Dropper
    Ah, I'd forgotten all about that site! Had it saved on the old computer. Thanks.
    It reinforces one of the points I made earlier about servient owners wanting to limit use:

    Excessive user Owners of servient tenements are sometimes aggrieved when there is a dramatic increase in the traffic using the right of way across their land. They may take Court action pleading excessive user, ie. that a higher level of use than permitted has taken place. Such action is almost certainly doomed to failure because, whilst other limits may be in place on the right of way, there is usually no limit on the number of times in a given period that the dominant tenement may use the right of way.

  • MattFurious
    MattFurious Posts: 35 Forumite
    10 Posts
    A quote i read in the link above match that of my initial discussion topic, pinch points...

    "If the width, height and weight limits of the right of way are not explicitly stated in the deed of grant then the courts will decide that these limits were set by naturally occurring restrictions that were in place at the time of the grant, such as the width of a gate at the entrance to the carriageway."

    The pinch point of the RoW is 3.8m which is naturally occurring, so that should be the determining factor for the width.  It depends whether it would be considered a carriageway or if a maximum expected RoW would have a maximum of 10ft (approx 3m) instead.

    Just to confirm, I am the dominant tenement, as I have the RoW and my neighbour is the servient tenement as they are burdened with the RoW???

    So in effect, I think this is the key concept, if there should be a minimum of 10ft available to pass up and down the drive, then the servient may not park cars on that 10ft strip to allow the dominant access to the RoW.

    This in effect is "This is my right" - We are getting someonewhere!!!
  • Ath_Wat
    Ath_Wat Posts: 1,504 Forumite
    1,000 Posts Name Dropper
    I think you'll find that you won't get anywhere as long as you can get up and down it past a parked car - those lines apply, I would have thought, to permanent restrictions.

    They can of course put whatever they like on their land any time they like, as long as they move it when you need to get by.  if they habitually parked a car in a way that you had to ask them to move it, you might have a case.  I am fairly sure you won't have one if it has never impeded you.


  • MattFurious
    MattFurious Posts: 35 Forumite
    10 Posts
    Ath_Wat said:
    I think you'll find that you won't get anywhere as long as you can get up and down it past a parked car - those lines apply, I would have thought, to permanent restrictions.

    They can of course put whatever they like on their land any time they like, as long as they move it when you need to get by.  if they habitually parked a car in a way that you had to ask them to move it, you might have a case.  I am fairly sure you won't have one if it has never impeded you.


    I may not get anywhere, but until I know my rights, I do not know how far I could get...
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