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Thomas Judge
Thomas Judge, solicitor Advocate
Category: UK Property Law
Satisfied Customers: 32939
Experience:  award winning lawyer with over 15 years experience
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An adjoining owner has a right of access across our drive

Customer Question

An adjoining owner has a right of access across our drive for all purposes does that mean their contractors can stop on our drive to load and unload?
Submitted: 1 year ago.
Category: UK Property Law
Expert:  Thomas replied 1 year ago.

Hi

Thanks for your patience.

What is the specific wording of the right of way please?

Kind regards

Tom

Customer: replied 1 year ago.
The adjoining owner has
'A right of way for all purposes over the land coloured brown on the attached plan'
(Then it goes onto rights concerning services under the ground. )
The adjoining owner is doing building work and his builders want to leave their vehicles on the drive while they unload which blocks everyone, in theory they could unload on the street or after they have passed across the drive that is our land onto their land - so I'm asking whether a right of way for all purposes includes the act of unloading? In theory unloading is not a right of way and they should do that when they have crossed. Practically it means the drive will be blocked for several hours as they are bringing in a piling rig if they do not have a right to do this blocking/unloading we could agree to a licence to allow this I believe?
Expert:  Thomas replied 1 year ago.

Hi,

I am really sorry but I have been called away on personal business.

I will opt out and another expert will assist but you may have to be patient.

Tom

Expert:  Thomas Judge replied 1 year ago.

I agree with your analysis. The easement is a right of way not a right to park. They are actually quite different rights - they are not entitled to block the land. I would advise them that they should not park there or you will consider legal action - you can grant them permission or a licence for a small fee.

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