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Right of way abuse?

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  • Right of way abuse?

    Hello,
    I live in a semi-detached house in England. Our plot includes our fenced-up back garden as well as a driveway which leads to 2 blocks of 3 garages.We own a garage, the 5 others are owned by our 5 neighbours. Access can also be gained to the 5 neighbours' back gardens from the driveway. There is a fairly clear covenant that states that the driveway plot, as just mentioned, belongs to our property, but the other 5 houses have a right of way over it. Maintenance costs are to be shared between the 6 of us.
    A 7th cottage is at the back of the driveway but isn't adjoining. The 7th cottage is accessed via a different driveway further up the street, I have never even met the owners. One of our 5 neighbours whose garden is adjacent to the 7th cottage has allowed the 7th cottage to go through their garden to access their house. As a result, the 7th cottage are also going across our driveway.
    I understand that the way the covenant is written, our neighbours do not need a specific reason to go across the driveway and can also allow their guests to go across. However, I feel this is a different situation as they are not their guests. Am I allowed to refuse access to the 7th cottage?
    I hope this is clear! Thank you in advance for any guidance.
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  • #2
    Going solely on what you have said, you appear to have grounds to do so. But approach this with care and tact: neighbour disputes are to be avoided if at all possible.
    Lawyer (solicitor) - retired from practice, now supervising solicitor in a university law clinic. I do not advise by private message.

    Litigants in Person should download and read the Judiciary's handbook for litigants in person: https://www.judiciary.uk/wp-content/..._in_Person.pdf

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    • #3
      Thank you Atticus. I completely agree regarding neighbour disputes. I will have a word to clarify the arrangement, I suspect (hope) it is temporary while they are having work done. In that case, we can probably tolerate the passing, however they will have to stop parking there as it blocks the garages and is clearly prohibited in the covenant! There is plenty of free parking on the street.

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      • #4
        Can they not argue that they are using the right of way to get to the land owned by the neighbour with a garage and are therefore his licensees? We do not knopw the layout of course.

        You may be right but you may not be. Be very careful to keep this friendly.

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