Interference with our Right of Way

[ribblebarn]

We access our property along a straight private driveway. This driveway is clearly marked on our deeds as a right of way for vehicular traffic to pass and repass. The far end of this driveway although clearly marked on our deeds as right of way is only used by us rarely to reverse round as it goes beyond our property drive.

We have used driveway with no problems for over 30 years. New owner has now put large stones along driveway to protect his house (fair enough I suppose) but has also 1) Put 3 large stones blocking the far extent of our right of way 2) Imposed 3 mph speed limit, residents vehicle access only, no commercial vehicles or cehicles over 3 tonnes without drive owners permission.

Any advice please? Thank you.

[des8]

Re: Interference with our Right of Way

Hi and welcome
your new neighbour owns the servient land?
Have you tried speaking to your new neighbour about this?
Do others have right of way over this land, and if so have you spoken to them?
What is the exact wording of your deeds regarding this right of way?

[ribblebarn]

Re: Interference with our Right of Way

Hi and welcome
your new neighbour owns the servient land?
Have you tried speaking to your new neighbour about this?
Do others have right of way over this land, and if so have you spoken to them?
What is the exact wording of your deeds regarding this right of way?

Thank you for your response. The new neighbour sent a letter indicating his intentions regarding the driveway. We responded by letter straightaway saying we wanted the whole right of way as on our deeds kept clear and no restriction as to type of vehicle. When we saw him placing the stones we told him the ones blocking the full extent of the right of way required removal. We have sent him another letter saying we want these stones blocking the right of way removed. He has not replied to any of our letter.When we tried to reason with him, his wife came out in an aggressive manner and dragged him in.

My next door neighbour also has a right of way but the blockage is in front of my property. We have acted together in our opposition. We are liable to one sixth of any maintenance (of the whole drive - including the part he has blocked off). We told him any money he has spent on signage and stones would be better spent on maintaining of driveway. We are more than willing to spend a few thousand on this.

Our deeds confer" a right of road or way and their tenants servants at all times and for all purposes connected with the reasonable use of the land hereby conveyed with or without horses carts and other vehicles mechanically propelled to pass and repass over and along the pieces of land delineated on the said plan and there on coloured yellow." The plan indicates the whole of the driveway as yellow.

Thank you, once again.

[des8]

Re: Interference with our Right of Way

From what you write it seems you have an easement, and to be actionable any obstruction must be substantial.
His notices trying to restrict access and impose his own speed limits can be ignored.
The stones to protect his property do not seem to restrict access and are therefore minimal.
The stones blocking your right of way are IMO a different matter.
There are different ways of remedying the situation:
1) abatement: you move the stones blocking your right of way
2)declaration by a court confirming your easement and its extent
3)injunction by a court prohibiting further interference with the easement
4)damages (most likely to be nominal only)

[Ripped-Off]

Re: Interference with our Right of Way

Des8 - That's exactly what I would have said.

Note also the changes brought about by the Land Registration Act 2002 in respect of registered and unregistered easements.