How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Joanne M Your Own Question
Joanne M
Joanne M, Solicitor
Category: UK Property Law
Satisfied Customers: 264
Experience:  LLB (Hons), LPC
Type Your UK Property Law Question Here...
Joanne M is online now
A new question is answered every 9 seconds

Hi We live on an estate where the shared drive is split

This answer was rated:


We live on an estate where the shared drive is split into three on each persons title deeds, all having access rights to pass and repass. My neighbours at the end of the drive have three children and have told me their children have a right to practice their scooter and cycle skills on the drive as well as play on it. Where do I stand as far my rights as a servient tenant.

What is the exact wording in the deeds please?
Customer: replied 4 years ago.

The rights to pass and repass as appropriate for access

That is probably the briefest description of the right of way that I have ever seen in over 20 years in the legal profession.
They would usually have the right to use it for all normal purposes which can include children playing on it.
However if it does say those exact words “pass and repass as appropriate for access”, then in my opinion, the children can not do what they are doing because they are doing more than using it for access.
If however it is not the exact wording it is likely to allow more than access (it would allow it for all normal purposes) in which case the situation is as follows:
I appreciate how annoying that would be and I would feel exactly the same way if children were continually screaming and running down on bicycles all over the place outside my front door.
There is however another remedy and that is common law nuisance. You can make the parents control their children if what they are doing is generally a pain in the backside.
The parents are also responsible for any damage caused by the children to cars or plant pots or anything like that although you will need to be careful parking or putting plant pots on the drive if it causes what could be deemed as a substantial obstruction
it really depends if those are the exact words quoted from the deeds
does that answer the question? Can I assist further?
Please do not forget to rate my answer positively or I get no credit for my time here helping you today
Joanne M and other UK Property Law Specialists are ready to help you
Customer: replied 4 years ago.

where do our rights as owners of the land stand then if it is on our tiltle deeds.

Attachment: 2013-09-09_085355_img002.pdf

Thank you.
I thought there may be more to the wording.

2.1.7 I assume we were not talking about the Private Footpath because that quite clearly says on foot only which actually means that you could push a bicycle or a pram or a wheelbarrow but not ride the bicycle.
There is an argument that says that to pass and re-pass does not allow people to linger on it which would preclude children playing.
Moving now to 2.1.6. The wording is the same, to pass and re-pass it then goes on to say “all reasonable purposes necessary for gaining access to and from etc”.
My argument, in your favour, would be that this is not passing and re-passing, and is not being used for the purpose to gain access to and from.
I would write to the neighbours (or better still) get a solicitor to write explaining the above and telling them that this does not mean that the children can use it as a playground quite simply because playing on it or using it as a bicycle testing ground is not for the purpose of gaining access to or from and does not constitute pass or repass
.Does that answer the question? Can I assist further?
Please do not forget to rate my answer positively or I get no credit for my time here helping you today
Customer: replied 4 years ago.

Thank you for your answers. It is quite a tricky situation. We went ahead with purchase as we felt we could be confident that problems would not arise. We feel that in the future would not want problems to escalate as would hinder any sale. Have spoken to Lady involved but she says it is a shared drive to do whatever she wants! Will consider seeing a solicitor but as said it would have to be reported as a dispute for future reference.

Thanks again.