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Right of way

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  • Right of way

    I'm hoping someone can help with a slightly odd boundary question...

    I live in a Victorian terrace, set off of the main highway. To the front of my property is private driveway that services the five terraced houses, I own the land in front of my property but am required to give access across it (to whom is a little unclear!). There is limited space for parking, but it is wide enough for a car to park close to the property and someone else to pass. I am able to park close to the front of my house but my neighbour, because of an extension, is not able to park close to their property which means they are forced to park further out and block the shared road. Whilst this doesn't stop me from getting out to the main road, it does stop me from being able to park close to the front of my property. It also prevents pedestrians with prams etc (who are using a cut through from the public footpath to the main road) from getting through.

    The wording in my title deed is:

    Together with the full right and liberty for the said [historical owner], their heirs and assigns the owners and occupiers of the said massuages and hereditaments in common with the said [next door historical owner] their heirs thereafter have the like right at all times thereafter by day or by night and for all purposes with or without horses carts carriages or waggons laden or unladen to go pass and repass over and along the road leading from the said massuages to the [town] highway

    The two historical owners in this case owned all of the land that now has the entire terrace of houses upon it.

    The two questions I have is:
    1) Does anyone, including the public have a right to cross over the land if they wanted to?
    2) By blocking the road, but not blocking my access to the main highway, is my neighbour doing wrong?

    Thanks
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  • #2
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    • #3
      If the public have been traipsing across that land for a long time (say 20 years) the common law presumption is that land has been dedicated as a public right of way.

      I would suggest that anyone parking on that road may be guilty of obstructing it!
      By way of an analogy, it is technically causing an obstruction to park on the public highway unless in a designated parking bay, so the same could apply to obstructing part of a private right of way!
      Even that extension might be classed as an obstruction.

      Instead of parking next to your house (I assume you are no.3) could you and house 2 park on the other side of the driveway?

      Comment

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