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Property Right of Access

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  • Property Right of Access

    Hi there,

    Looking for some clarity of wording in our title deeds. For context we live in an old house and have right of access to the back of our property via the drive of our neighbour.

    For context our property is number 4

    The title deed wording is as follows:

    (Three) a heritable and irredeemable servitude right of access for pedestrians and vehicles over the Access Driveway in favour of our said assignees and their foresaids for the purposes of access to and egress from the rear of Number 4 under the burden of making good any damage caused by the exercise of this right;


    With and under the following:

    (Two) under the burden of leaving the Access Driveway clear and free from obstruction at all times;

    I would like to understand whether this burden of leaving the access driveway clear applies to both parties? My neighbour is pedantic (despite not using the driveway for his own cars) however he often have visitors who park on the road beside the drive blocking access

    thanks
    Tags: None

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