Rights of access, legal speak and assault on Roses
Discussion
Hi guys,
I just wondered if you could give me some advise (useful would be good) on a small issue we have with our neighbor.
This is the access to our driveway (the wall is our back garden). The blue area is owned by us according to the deeds.
We also own this bit of tarmac and the garden that surrounds it, the concrete line in the tarmac in front of the car is the boundary although the garden extends to the gate. (Thought I would include some car related stuff here):
Now this is the issue we are having. Our neighbor asked our permission a year ago if he could park his car on this tarmac for a few minutes some evenings as it helped getting their new born in and out of the car, no problems here.
He has now decided to park there for longer periods of time and started to cut down my wifes roses and flowers that surround the area, annoyingly we haven't got hard evidence that it is him other than another neighbor spotted him and well it wasn't us lol (thinking of buying a Go Pro or something hooked up to the mains).
The annoying part that confuses me is this tarmac area where the RX is parked is colored differently on our deeds and despite it saying we own it, the deeds say this:
"The rights (which so far as not already created are hereby reserved) of the registered proprietors from time to time of any parts of the Estate and all person authorised by them:- (E) in respect of any parts of the estate to which access is to be gained over access ways and all persons authorised by them to pass with or without vehicles (below first floor level only) along that part of the access way shown cloured blue on the plan"
Does this mean they are allowed access only to turn their car around? Or can they park there from time to time?
I just wondered if you could give me some advise (useful would be good) on a small issue we have with our neighbor.
This is the access to our driveway (the wall is our back garden). The blue area is owned by us according to the deeds.
We also own this bit of tarmac and the garden that surrounds it, the concrete line in the tarmac in front of the car is the boundary although the garden extends to the gate. (Thought I would include some car related stuff here):
Now this is the issue we are having. Our neighbor asked our permission a year ago if he could park his car on this tarmac for a few minutes some evenings as it helped getting their new born in and out of the car, no problems here.
He has now decided to park there for longer periods of time and started to cut down my wifes roses and flowers that surround the area, annoyingly we haven't got hard evidence that it is him other than another neighbor spotted him and well it wasn't us lol (thinking of buying a Go Pro or something hooked up to the mains).
The annoying part that confuses me is this tarmac area where the RX is parked is colored differently on our deeds and despite it saying we own it, the deeds say this:
"The rights (which so far as not already created are hereby reserved) of the registered proprietors from time to time of any parts of the Estate and all person authorised by them:- (E) in respect of any parts of the estate to which access is to be gained over access ways and all persons authorised by them to pass with or without vehicles (below first floor level only) along that part of the access way shown cloured blue on the plan"
Does this mean they are allowed access only to turn their car around? Or can they park there from time to time?
I can't see anywhere we he would park his car - is there no parking space for his house? Seems odd on a newer build. Anyway I would assume it means you cannot prevent him travelling over it (eg turning) - so you couldn't put a wall up, but it does not give him permission to park on it.
You could also download the deeds for his place from land registry for £6 quid and see whats on his, and how it fits with yours. Get title register and title plan:
https://eservices.landregistry.gov.uk/www/wps/port...
You could also download the deeds for his place from land registry for £6 quid and see whats on his, and how it fits with yours. Get title register and title plan:
https://eservices.landregistry.gov.uk/www/wps/port...
Thanks guys,
Last night he must have removed a lot of the rose bush then parked his car right up against it so we couldnt see. We are going to ask him not to park there anymore as it must be damaging the plants (he should be able to read between the lines). If it carries on then I will confront him proper.
The Sausages are in the freezer.
Last night he must have removed a lot of the rose bush then parked his car right up against it so we couldnt see. We are going to ask him not to park there anymore as it must be damaging the plants (he should be able to read between the lines). If it carries on then I will confront him proper.
The Sausages are in the freezer.
https://eservices.landregistry.gov.uk/www/wps/port...[/quote
The site above is not the Land Registry even though it is trying to look like it.
https://www.gov.uk/government/organisations/land-r...
Is the correct address
The site above is not the Land Registry even though it is trying to look like it.
https://www.gov.uk/government/organisations/land-r...
Is the correct address
MJG280 said:
https://eservices.landregistry.gov.uk/www/wps/port...[/quote
The site above is not the Land Registry even though it is trying to look like it.
https://www.gov.uk/government/organisations/land-r...
Is the correct address
The top address is correct, but it is only accessible by business account holders. It's not a dodgy third party. The site above is not the Land Registry even though it is trying to look like it.
https://www.gov.uk/government/organisations/land-r...
Is the correct address
ETA: now I've clicked it, that bit does seem accessible without logging in. It's perfectly safe.
Daston said:
If there's a right of access, I'd say that not only can he not park there, but you can't park there, either - and you need to keep the shrubbery trimmed back so as not to restrict vehicular access. If one person's car is obstructing access, then another car is obstructing it - and so would overgrowth be.
The area is wide enough to park 2 cars on. When I take the RX out I tend to park my MG (can be seen in the back ground) in this space right up against the bush so its as far out of the way as possible. There is still room to turn a car around so access is not denied....or am I on shaky ground with this one?
Daston said:
The area is wide enough to park 2 cars on. When I take the RX out I tend to park my MG (can be seen in the back ground) in this space right up against the bush so its as far out of the way as possible. There is still room to turn a car around so access is not denied....or am I on shaky ground with this one?
If there's space to park your car, then there's space for him to park his car. So drop the "blocking RoW" line.He's parking on your ground. But there's not a lot you can do about it, really, if he's not causing any obstruction.
If the land belongs to you, but has a ROW then you are permitted to park on it as long as you don't interfere with the ROW / access for neighbours to turn.
Your neighbours and other people would only be permitted to park on it with your permission. But without your permission they are still entitled to use it, just not for parking.
Your neighbours and other people would only be permitted to park on it with your permission. But without your permission they are still entitled to use it, just not for parking.
I would want to see the definition of Estate.
As other have said, look at the deeds to neighbouring properties and see if they have the equivalent in their rights and reservations.
You say the area is coloured differently on your title plan, I assume it is coloured blue as per the reference in the title document?
The wording below means.
Other people who own parts of the "Estate" and any one they have authorised can use access ways on the estate only to travel over not to stop. So yes, they can turn on the area and if the area is obstructed for too long that could be a derogation of their rights.
As other have said, look at the deeds to neighbouring properties and see if they have the equivalent in their rights and reservations.
You say the area is coloured differently on your title plan, I assume it is coloured blue as per the reference in the title document?
The wording below means.
Other people who own parts of the "Estate" and any one they have authorised can use access ways on the estate only to travel over not to stop. So yes, they can turn on the area and if the area is obstructed for too long that could be a derogation of their rights.
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