My Little Home and it's Private Right of Way

[vcj123]

Hello I am a newbie!!!

I am writing in the hope of verification regarding my ‘Private Right of Way’, as indicated by the title deeds at the Land Registry.

When I first came to live in my home in March 2009, there were maybe two to three Retailer vehicles from the back of the retail premises opposite me, using my private right of way, to attend to matters regarding their businesses, with spaces to park behind their shops. These retailers are leaseholders and there is one known freeholder. I must say at the time I thought nothing of it as they were peaceable enough.

Since then businesses have changed hands or their fortunes, and the traffic has now exceeded twelve vehicles of vans, cars, wheelie bins and even a resident Skip. During a small space of less than six years, I have been faced with this over run of appliances which has resulted in my being verbally and physically attacked (which I had to inform the Police about), continually being intimidated by the vehicles all playing wheelies in front of my driveway gate, my one and only escape route. They seem to think that they are on the Nuremberg race track!!!

When I have complained to the individual Retailers they have responded, ‘if we block you in Sue me’ or ‘You just have to put up with it’.

I have tried to get help from the Local Council as they have allowed permissions to some of the retailers’ over time. They initially thought it is a Civil Law problem, but did say they would check for me.

As a Disabled Deaf person, you can imagine the fear regarding my perambulations along this route it is only nine feet wide; and it has become a constant worry to me.

I need to know if I am right in thinking, that none of the premises opposite, have rights to this ‘Private Right of Way’ because it is marked blue on the Land Register. I have been able to download two of the properties details from the Land Registry, they show no such ‘Rights’ although one property did show that in 1925 they did have this right but in 1926 that was changed.

My Land Register shows this right of way since 1932.

I thought maybe you could provide me with some further information regarding the meanings of colours on title plans.:tinysmile_cry_t:

[Wombats]

Re: My Little Home and it's Private Right of Way

The Land Registry is produced in conjunction with Ordnance Survey, so each plot is effectively a mini OS map. I've found this, but unless the blue is blue arrows, I'm not sure it answers your question:

https://www.ordnancesurvey.co.uk/blo...rights-of-way/

[des8]

Re: My Little Home and it's Private Right of Way

Hi and welcome.
I can understand how distressing this situation must be, but to do anything about it you would have to discuss the problem with the landowner of the ground.
A private right of way is an easement allowing you to pass and repass over that bit of ground. The landowner could have given these other persons an easement, but that would not give them the right to block your access. If you have an easement which you cannot exercise your right of access is being denied, and I'm pretty sure it would be actionable.
Here's a fuller version:
Private Right of Way

See also What is an Easement?
Ideally, the owners of both the dominant and servient tenements should know exactly:

• where the right of way runs from and to;
• exactly what route the right of way follows between those two points;
• whether there are any width, weight or height restrictions on the traffic that uses the right of way;
• whether the traffic permitted to use the right of way includes motor vehicles, motor cycles, or is restricted to passage on foot;
• whether there are time restrictions in force, either as to time of day or day of the year, on which the right of way may be used;
• who is responsible for the maintenance of the right of way.

Rarely are all, or even a fair proportion, of these things stated in the Deed of Grant or in the clause of the conveyance by which the righht of way is expressly granted.
Generally:

• you may pass and repass along a right of way as long as you do not stop and linger on the right of way;
• if the right of way is obstructed then you may divert along another route provided that the diversion remains on land belonging to the servient tenement (otherwise you would be trespassing on a third party's land);
• a gate is not considered as an obstruction of the right of way, provided that the users of thedominant tenement have the means of opening and/or unlocking the gate;
• the owner of the dominant tenement cannot expect the route to be widened, strengthened or given extra headroom just because his needs have changed: he is entitled only to the width, weight or headroom that was envisaged at the time of grant of the right of way.

A private right of way on foot permits you to:

• pass and repass on foot between the dominant tenement and the public highway;
• with or without a load that one person might be expected to be capable of carrying;
• or pushing a small barrow or trolley or perambulator, or wheeling (not riding) a bicycle, provided that the wheeled device is not too wide to be accommodated by the footpath and by any gates along the path.

A vehicular private right of way permits you to:

• drive vehicles of up to a permitted width, height and weight along the carriageway between the public highway and the dominant tenement;
• stop a vehicle on the right of way immediately adjacent to the dominant tenement for the purpose of loading and unloading that vehicle provided that there is not an adequate loading or parking area on the dominant land;
• perform other reasonable acts, such as pulling off the carriageway onto the verge in order to pass oncoming vehicles.

A vehicular right of way is not a right of parking.
If the width, height and weight limits of the right of way are not explicitly stated in the deed of grant then the courts will decide that these limits were set by naturally occurring restrictions that were in place at the time of the grant, such as the width of a gate at the entrance to the carriageway.
It is quite common to find a carriageway that is much narrower than the defined width of the right of way, for example a 10 feet wide carriageway within a 40 feet wide right of way, with 15 feet wide verges on either side of the carriageway. In these circumstances it is perfectly acceptable to pull onto the verge in order to avoid a collision with oncoming traffic, but it is not acceptable to drive along the verge just because it falls within the stated width of the right of way.