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Stuart J
Stuart J, Solicitor
Category: UK Traffic Law
Satisfied Customers: 20905
Experience:  PGD Law. 20 years legal profession, 6 as partner in High Street practice
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I have inherited a property which owns a right of way to 3

Customer Question

I have inherited a property which owns a right of way to 3 properties including the one I inherited in November last year. One of the neighbours visitors has just started to park on it, and I have asked her to stop as she only has a right to pass and repass, and is blocking the drive so I can't get to the back of my property. She has refused and is now claiming she has parked there for more than 20 years which I know is untrue. What can I do?
Submitted: 1 year ago.
Category: UK Traffic Law
Expert:  Stuart J replied 1 year ago.
Thank you for your question here on Just answer. It is my pleasure to try and assist you with this today. Please bear with me if I need to ask for any further information from you in order for me to be able to advise you fully. My name isXXXXX and I am a practising solicitor. I have been an expert on this website in UK law since 2008. During that time, as you appreciate, I have answered thousands of questions from satisfied users on a variety of subjects.

Because we are all in practice with clients and court and other users, I might not always respond in minutes, particularly evenings and weekends. Please bear with me in that case. I will be online and off-line all day most weekdays and weekends.

What is the exact wording in the deed please?
Customer: replied 1 year ago.

The deeds say Together with the right to use jointly and in common with the owners and occupiers for the time being of the adjouning premises now or formerly of the lessor and all other persons for the time being entitled thereto the party drains water and other services used in connection with the said premises with liberty for the said owners and the persons aforesaid to enter upon the said premises for the purposes of opening cleansing and repairing the said party drains and other services if and when necessary TOGETHER ALSO with full right and liberty in common with the owners and occupiers of the adjoining land and hereditaments formerly or now of the lessor and all other persons having a right thereto to pass and repass over and along the party passage leading from Goosemoor Lane to the rear or the demised and adjoining land and premises and coloured blue on the said plan the lessee paying an equal part or share with the adjoining owners using the same of the cost of maintaining and keeping the said party passage in repair. Just to clarify, when I say I own the right of way, I mean that I am now the freeholder of the drive which has the right of way over it..

Expert:  Stuart J replied 1 year ago.


As she clearly has an easement to pass and
re-pass on this land, she normally acquires no rights over it in respect of
access even if she has been parking on it for 100 years. It would be different
if she had been using it without the benefit of the easement/consent but the
fact of the matter is that she has the benefit.

She could possibly argue that whilst she has an
easement to pass and re-pass, she does not have, in the deeds, and easement to
park and that she has therefore required an additional easement under the
Prescription Act through having more than 20 years use. It is not a good
argument and the bonus of proof, that she has used it for 20 years, is on her
and it is not at all easy to prove unless she had the foresight, 20 years ago,
when she started doing this, to take photographs etc dates on.



There is another issue which does not help her
and that is that she is not allowed to obstruct the right of way in any event
although, if she breaches that covenant continuously for 20 years or more, she
can continue to obstruct it under the ruling in Hepworth v Pickles BUT as she
does not park there all day every day, she cannot continually breach it



My suggestion would be to get a solicitor to
write to her telling her that unless she stops parking on this land, you will
make an emergency application to court for an injunction and court costs,
compelling her to stop parking.



If this were to go to court, it could cost her
quite a few thousand pounds and I really do not think that she is on good
ground so to speak.



Thank you.



I assume that the deeds and the mortgage are in
your sole name.



The last thing you want to do is to pay her the
money and then she decides that she did not realise what she was doing and want
some more I would therefore insist that she sees a solicitor and takes legal
advice even if you have to agree to pay for it if she has taken legal advice on
the money that you are about to pay her, it is virtually impossible for her to
then say she didn't understand what she was doing and didn't realise that she
may have been entitled to more. It should not cost you more than about £250 or
so and the solicitor will be able to draft a simple agreement for you although
to be honest, there is no reason why it cannot be done by a simple letter
provided she does take that legal advice make sure that you pay by cheque so
that there is a record of the money going to her or, better still, send it via
the solicitor.



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further or answer any specific queries?



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PS Experts on here are online and off-line all day each day and
weekends so please bear with me if I do not get back to you immediately.



PS. I use voice type, voice recognition typing because I only
type with two fingers and it would take me ages. Sometimes, a computer does not
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sometimes they slip through. I apologise therefore if anything doesn't make
sense. It is me losing it, not you. Just ask if anything is not clear please.



 



 

Stuart J, Solicitor
Category: UK Traffic Law
Satisfied Customers: 20905
Experience: PGD Law. 20 years legal profession, 6 as partner in High Street practice
Stuart J and other UK Traffic Law Specialists are ready to help you
Customer: replied 1 year ago.

Thanks I own the property outright and the visitor in question does not park there for longer than 1 or 2 hours as she lives elsewhere and is only visiting her mother.

Expert:  Stuart J replied 1 year ago.


Thank you.

In which case, she definitely needs to read some
better law books because I think she has more chance of winning the lottery
twice in a week than winning this in court

Customer: replied 1 year ago.

Thanks.

Expert:  Stuart J replied 1 year ago.
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Stuart J
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Solicitor
194 Satisfied Customers
PGD Law. 20 years legal profession, 6 as partner in High Street practice