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Buachaill, Barrister
Category: UK Law
Satisfied Customers: 10115
Experience:  Barrister 17 years experience
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My deeds allow full right and liberty to pass and repass with

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My deeds allow full right and liberty to pass and repass with or without horses, carts and other vehicles over my neighbours property. He is saying that this right of way was determined when vehicles were not as big as they are nowadays so the right is not now applicable. There is sufficient space over the property but he has developed the garden (or refuses to undo previous blockages) to make it impossible for some vehicles to pass. Can he get away with refusing to stick to the letter of the deed?

Buachaill :

1. At the outset, your neighbour has no right to prevent you using the right of way laid down in your deeds. Essentially, what the deed does is create an easement or legal right for you to pass over his land with a vehicle. It does not matter that the easement or right of way was created at a time when people used horses and carts. The right of way is good today and your neighbour is obliged in law to unblock the right of way to allow you access. The use of the phrase "full right and liberty" is simply an anachronistic legal phrase giving you a right to pass and repass over the land. Your neighbour is not allowed to block this right of way and must in law, remove any obstruction which has been placed in your way. At this stage I would advise you to get a solicitor's letter written to him to make clear that you intend to enforce your legal rights. The hope will be that he will then seek legal advice on the situation in which case the legal position will be pointed out to him. Then what ever development which has taken place can be removed so you can use your right of way which is expressed on your deeds.

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