Accessway obstruction

[Charchar]

Our driveway is accessed via our neighbours accessway. We have understood this was not to be obstructed since we moved in and have always kept it cleared and have always informed friends and family to do the same. Now our neighbour is bringing this up saying we block the accessway, we don’t allow this to be blocked but he is naming times when delivery drivers park on the road, blocking his accessway, while we are out. One time last month my 2 year old daughter was very unwell and my mother-in-law briefly (2 minutes maybe) stopped again on this road to quickly get her into the car (again I did not approve this or allow it but it happened. He has told us his security camera is on the accessway and alerts him any time it is passed, this is causing me great anxiety as we allow nobody to block his access but obviously I don’t know how independent delivery’s etc can be controlled. I would love to know if he is being unreasonable and where we stand? Surely unless I am explicitly instructing and explicitly allowing it these cases and others similar do not constitute my allowing the obstruction? Any help on where we stand appreciated!

This is what his deeds say:

The right to pass and repass with or without vehicles for all reasonable purposes connected with the use of the property as a private dwelling over and along that part of the accessway shown coloured brown hatched black on the plan as does not form part of the dwelling provided that in exercise of this right the transferee shall not cause or allow this area to be or become obstructed the transferee contributing a one half share of the expense of keeping and maintaining this area in good repair

[des8]

The man is being unreasonable and trying to suggest that temporary stopping to deliver is obstruction.

I would ignore him.
If he should ever be foolish enough to apply for an injunction, IMO he would be laughed out of court and you would be awarded your costs.(or at least you should be!)

[Charchar]

Thank you very much for your reply! Is there anything legally flawed in what he is suggesting, surely ‘to cause or allow obstruction’ would imply we have given explicit permission for obstruction? Not sure other than putting cones out (an obstruction!!) how we can ensure no one ever stops there, it seems even if a friend was to temporarily stop out of a mistake it isn’t good enough for our neighbour that we then ask them to move - it is very odd.

I presume legally an obstruction is still an obstruction for the sake of this point in the contract regardless of the amount of time it is there?

Thanks again for your help, would just love to fully legally understand the contractual obligations so any help very appreciated!

[des8]

".... the transferee shall not cause or allow this area to be or become obstructed ...."

If a third party stops on that piece of ground that is not you causing an obstruction, it is just possibly the driver trespassing.
Further, as you do not have the authority to permit stopping on that ground you cannot be accused of allowing it,

Now if you had a load of concrete blocks deli , which were unloaded onto that ground and you made no attempt to remove them, then he may have reason to complain.

Any possibility of making an alternative access for yourself which would render redundant the existing layout?
Might be less stressful than having all your movements & visitors recorded!

[Charchar]

That is great - and just what I wanted to understand - the “English’ translation if you will! Unfortunately our driveway (number 2) is completely enclosed by the driveway of number 1 and then the fence of number 3 - so, alas, no such luck.

He says he had issues with the previous owner, I don’t know if these were serious infringements or just more of the same overzealousness of the owner of the accessway - I guess we will never know!

I was very surprised at his approach to this as we have genuinely not been trying to obstruct him... thanks very much for your explanation - much easier to argue a point when fully understood I’m sure you’ll agree.

[Scot22]

I agree with Des. You are not causing an obstruction or allowing one.

Has it ever blocked someone wanting access ? He seems unreasonable to me.

[Charchar]

Hi Scot - thanks for your message. No we haven’t blocked anyone ready to leave but the owner insists he needs to be able to leave at any moment (so in his answer to that question I suppose he has been blocked even if momentarily) - I agree seems oddly unreasonable.

He seems to take his responsibility to that clause VERY seriously - he has literally just cleared the snow immaculately in the region of land on his drive that the statement refers to and nothing else... not even the bit his car would need to drive through (though interesting not the roadside bit). Neighbours eh?!