Access over driveway

[callumchip]

I am buying a house currently and when looking through the original conveyance have found something questionable.

My drive and neighbours drive are side by side as a single strip of tarmac. The boundary clearly splits the drive way equally between each property with enough space for 1 car each.

There is a note saying that next door have 'right of way at all times and for all purposes over and along the strips of land forming part of the said property hereby conveyed and shown in green' which highlights my half.

There is the same note regarding my access over their side.

My question is: Could I come home from work to find their car on my drive and they be fully in their rights to park there?

Thanks,

[des8]

The right of way will include temporary parking eg to allow passengers to board or alight/ to allow loading or unloading etc and you would find it impossible to argue that a right of way is limited to continuous movement

There is case law regarding this point, but i would need to look it up if you want it.

Don't forget that you have a similar right over your neighbour's land so he is most unlikely to try and take advantage

[callumchip]

Thanks for the reply.

The driveway is narrow and only just enough for 2 cars side by side so I understand it was probably in place to prevent either from fencing off their half and making it unusable for the other and to allow you the right to walk around the cars into your property?

Would they be allowed to park their car there overnight for example?

[des8]

O'night parking would IMO be excessive

Do you have reason to think the neighbour would be unreasonable?

[callumchip]

No, not at the moment. Just something that I saw and is concerning in case it turns into an issue. There was a car on the drive when I viewed but no one was living in the property so I don't know whose car it was. Just wanting to know where I stand just in case.