Parking on right of way

[sk_prime]

Hi,

My property in Surrey has a right of way to the side and back. Approximately 90cm wide at the side and 1.1m wide at the back. the boundary lines shown in the land registry indicate the right of way is part of my property.

The wording in the charge register is the following:

'Reserving to the owners or owner of X to Y ROAD NAME a right of way in common with others at all times and for all purposes over the passage way at the back and south side leading into ROAD NAME"

The neighbour who is adjacent to the right of way is parking on it, restricting access and making it difficult for me to get out of my car when I park on my own drive (limited space to open the doors). The neighbour has a front drive but can only comfortably park 1 car. They have 3 cars and could extend their front drive to accommodate the 3 cars.
I informed them in the past to respect the right of way to which they acknowledge and apologised. Yet continued to repeat the same behaviour for some time.
My patience is running really low and I am considering sending a strong worded letter asking them to stop. If they continue to do some after that, a letter from solicitors.

My understanding is the following,

• I can pave the right of way as I wish, provided access is not limited in any way.
• I ultimately still have ownership to the land, albeit cannot build on it.
• Those who have access to the right of way can only pass and repass. They have no other claim to it.

Can someone validate this? What right do I have to put up a fence (if that is the last resort) to stop the adjoining neighbour from parking over it?

[atticus]

Welcome back. I am sorry that you have not been able to resolve this since your last visit.

Please clarify:

1. Do you own the land that is subject to the right of way?

2. Is it your neighbour that has the benefit of the right of way?

If the answers to both are "yes", then your understanding is correct.. But you may not yourself obstruct your neighbours' use of the right of way as a right of way.

[MaryS57]

Our family has some experience of this - the case was compromised after the judge heard half the submissions and spoke to the barristers on both sides.

If you do put a fence up, pls make sure that this does not narrow the right of way so that it affects its normal usage by the other party.

Our family member put up a chain link fence to de-mark the right of way (as marked on the title deeds) and to stop the neighbour swinging widely across the family's land, which they did regularly. Afterwards, the neighbour complained they had reduced room to bring up deliveries of oil to the property.

The net result was the family member had to move the chain link fence back 2 feet (onto their own land) to allow this passage of oil tankers (but no more). The neighbour was arguing for a lot more width but did not get it.

There was no order for costs.