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Rights of way - private land

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  • Rights of way - private land

    I own the land and have to give the neighbour (from hell) rights of way from the roadway to his property. In the first schedule of my title deeds it says “The right for the Transferor and the owners and occupiers for the time being of the adjoining property know as XXXXX shown outlined in blue on the plan for a right of way at all time and for all purposes connected with the use and enjoyment of XXXX over the roadway shown hatch blue on the plan (hereinafter call the “roadway”). The question is - does this include both vehicular and pedestrian access or vehicular only as the neighbours have a separate gate that they can use for pedestrian access to their home.
    Tags: None

  • #2


    Clearly "for all purposes connected with the use and enjoyment" so that will include pedestrians, vehicles, horse & cart and anything else they use.

    The fact they have alternative access does not diminish their easement.

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    • #3
      This looks like something that my neighbour has copied and pasted from an internet search. Exactly the same wording. I need a legal answer. Thanks anyway.

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      • #4
        Well it wasn't a copy and paste, and if you want a "legal" opinion see a solicitor and pay for it

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        • #5
          Copy and paste or not that is what it means and if it appears in your deeds then that is what it is. You perhaps do not like them walking along it as they have another entance but they have the right to do so. As Des 8 says, if you would like the issue confirmed it won't take long or cost very much to go and see a solicitor. I am sorry if you have problems with neighbours - it is a horrible situation and if they are neighbours from hell I can imagine it is awful and understand why you wish to challenge them. Hope things get better.

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