Parking on right of way

[lawrie]

I have a right of way over neighbours property.

Neighbour has given his next door neighbour permission to park on the right of way

I at the moment am unable to drive but visitors and gardener are unable to use the right of way now

I asked my legal insurers to write to both to stop the parking on the right of way

My insurers say they are unable to take action as I nor or my visitors etc use the right of way often enough so neighbours parking on the right of way is not substantial.

Can anybody please advise

[michael]

Re: Parking on right of way

What is the exact wording of the easement in your title deeds?

[lawrie]

Re: Parking on right of way

What is the exact wording of the easement in your title deeds?

Thanks for response


To keep open and free from obstruction the joint access way shown coloured yellow on the said plan and to allow free access over the same

[michael]

Re: Parking on right of way

That seems plain enough. Have you spoken to the neighbour about it and the fact that by allowing the other neighbour to park his car there your access is being obstructed?

[lawrie]

Re: Parking on right of way

That seems plain enough. Have you spoken to the neighbour about it and the fact that by allowing the other neighbour to park his car there your access is being obstructed?

I wrote to the neighbour who is parking on the right of way-his response was to, when it suited him, park on my drive

The other neighbour, despite his covenants stating that it is his responsibility to keep the drive clear, says it not his problem.

[des8]

Re: Parking on right of way

Get stroppy with your Legal Expenses Insurers.
The policy probably has a "Reasonable Prospect of Success" clause, but all your looking for at the moment is a warning letter from a solicitor. Of course you probably have an excess that will exceed the cost of a solicitor's letter!

You might find this link of assistance, the second page contains a draught letter from solicitors dealing with circumstances similar to those you are encountering:
http://www.gardenlaw.co.uk/phpBB2/vi...c.php?f=8&t=82

[lawrie]

Re: Parking on right of way

Get stroppy with your Legal Expenses Insurers.
The policy probably has a "Reasonable Prospect of Success" clause, but all your looking for at the moment is a warning letter from a solicitor. Of course you probably have an excess that will exceed the cost of a solicitor's letter!

You might find this link of assistance, the second page contains a draught letter from solicitors dealing with circumstances similar to those you are encountering:
http://www.gardenlaw.co.uk/phpBB2/vi...c.php?f=8&t=82

Thanks for your response will send another letter to my insurers on Monday.

[Tools]

Re: Parking on right of way

Who are the Legal Insurance suppliers?

[lawrie]

Re: Parking on right of way

Who are the Legal Insurance suppliers?

Insurers are Saga but letters are coming from Acromas Insurance Co.

[des8]

Re: Parking on right of way

So your policy covers:

3. Protection of Property
Legal costs for pursuing legal proceedings and/or arrangement of
mediation for a dispute relating to your property which you own or is your
responsibility:
n following an event which causes or could cause physical damage to
your property; or
n following a public or private nuisance or trespass.

Under the Exclusions I can see no clause which covers their declared reason for not acting on your behalf.

The nearest I can get to that is where they exclude claims where the amount in dispute is under £250. But your claim is not about money, but for assistance in having a private nuisance/ trespass ceased.

Probably real reason is that they feel this is a minor issue and not worth their while instructing their solicitors. I believe they use the Parabis Group.

Slightly off topic (sorry) it's quite interesting to see the tie up between Saga, AA and owners Acromas. (At least I find it interesting :tinysmile_grin_t

[lawrie]

Re: Parking on right of way

So your policy covers:

3. Protection of Property
Legal costs for pursuing legal proceedings and/or arrangement of
mediation for a dispute relating to your property which you own or is your
responsibility:
n following an event which causes or could cause physical damage to
your property; or
n following a public or private nuisance or trespass.

Under the Exclusions I can see no clause which covers their declared reason for not acting on your behalf.

The nearest I can get to that is where they exclude claims where the amount in dispute is under £250. But your claim is not about money, but for assistance in having a private nuisance/ trespass ceased.

Probably real reason is that they feel this is a minor issue and not worth their while instructing their solicitors. I believe they use the Parabis Group.

Slightly off topic (sorry) it's quite interesting to see the tie up between Saga, AA and owners Acromas. (At least I find it interesting :tinysmile_grin_t

How do I reply without using the quote button?

Thanks for your response

Insurers say that because I don't use the right of way on a regular basis the court would regard this as not being a substantial interference by the persons parking on the right of way.

[Tools]

Re: Parking on right of way

Slightly off topic (sorry) it's quite interesting to see the tie up between Saga, AA and owners Acromas. (At least I find it interesting :tinysmile_grin_t

Yes Des, that was my interest too

How do I reply without using the quote button?

Thanks for your response

Insurers say that because I don't use the right of way on a regular basis the court would regard this as not being a substantial interference by the persons parking on the right of way.

Lawrie, to reply without quoting the previous post use the + Reply to Thread button (top left of screen just above last post)

It is irrelevant how frequently you use the right of way, what if you suddenly needed to rush to hospital or such similar mercy dash to a friend relative in need Get back on to your insurer and give them hell

[Tools]

Re: Parking on right of way

Have also just found this, interesting advice from a solicitor

But what happens when relationships turn sour, and neighbours are suddenly not so keen on sharing their pathways?

Steve Beahan, partner and residential property disputes expert at law firm Irwin Mitchell is on hand to get you on track with rights of way and the issues that can arise.


I have been using a path which passes over the rear of my neighbour’s property to access my home for the past 23 years. My old neighbour never used to say anything, but the new occupant complains that I have no right to use it. Is a person entitled to a right of way after using such paths for a length of time?............

Rest of story and advice here > http://www.telegraph.co.uk/property/...ht-of-way.html

[des8]

Re: Parking on right of way

Have also just found this, interesting advice from a solicitor



Rest of story and advice here > http://www.telegraph.co.uk/property/...ht-of-way.html

I note the second case quoted in Telegraph report refers to "substantial interference"

Even so your insurers should, IMO, at least refer it to their solicitors with a view to writing a warning letter to your neighbours.
So as previously advised by both of us, give 'em hell!

[lawrie]

Re: Parking on right of way

Thanks for responses have written to insurers will let you know the outcome