Obstructing my right of way outside of the right of way

Obstructing my right of way outside of the right of way

Postby stressederic » Fri Jul 14, 2017 9:09 am

Hi guys,

I have a situation in which i cannot exercise my right of way at all in my vehicles (my right of way is written 'at all times and for all purposes') due to my neighbours putting 'obstructions' on their land ie on the boundary of my right of way. They have denoted the exact location where the right of way/my access road is as well as its width. They have not obstructed the right of way by placing anything on the right of way itself. There is no where else for me to access my access road legally or physically (walls/fences) other than where i have my right of way. My access road leads to my land not my house.

I was able to exercise this right of way for several years until recently. I access my access road at a 45 degree angle from a shared private driveway, which they own and where the obstructions have been located.

The obstructions have made it more or less impossible to exercise my right of way without causing damage to my car by hitting the obstructions, damaging the obstructions themselves or hitting a wall which is opposite the right of way (access road).

From my point of view this is causing a significant interference in exercising my right of way and is not how it was intended to be when we went through conveyancing.

My neighbours state i was tresspassing and causing damage when driving onto the access road from the shared driveway ie i clipped' the unkept grass verge next to the access road with my rear tyre now and again...im talking a tyre width. How many times do you clip a kerb when entering a driveway...no one does it intentionally.

FYI they themselves drive on said grass verge which makes it even more confusing why they have done this - yes it their land, their prerogative, but if this grass verge was so precious why do they drive on it too!!

They sold me the house with the right of way where it is...with a grass verge next to it, so surely they must have been aware that there would be some wear and tear in this area...albeit i hardly ever clipped their precious grass verge and always tried to remain within the width of the right of way when turning on to my access road. It all seems a bit unreasonable to me.

It seems totally disproportionate in that i cannot drive my cars onto my access road/my land because they claim i tresspass and damage a little bit of a grass verge and that this is a nuisance to them.

They have stated they will not accommodate my access to my access road and the exercising of my right of way within its limits is a matter for me deal with.

Do i have a case of significant interference here?...im at my wits end...we used my land for additional parking and turning...now i literally have nowhere to park my 2nd car and this is made worse by the fact that there is now nowhere for any guests to park. So we cannot have visitors. The same goes for deliveries - we have to go and pick up any deliveries. It really is making our lives a living nightmare.

please someone tell me I have a good case :cry:
stressederic
 
Posts: 74
Joined: Thu Jun 29, 2017 8:31 am

Ads are not endorsed by www.gardenlaw.co.uk or the staff thereof and visitors should perform their own due diligence on the product or service offered.
 

Re: Obstructing my right of way outside of the right of way

Postby MacadamB53 » Fri Jul 14, 2017 10:41 am

Hi stressederic,

i cannot exercise my right of way at all in my vehicles (my right of way is written 'at all times and for all purposes')

you are getting confused about what the bit in bold means.

it means concerns WHY the right is being exercised - to go out shopping, to deliver the milk, etc. - not by what means the user is exercising the right.

please post the full wording...

Kind regards, Mac
MacadamB53
 
Posts: 5967
Joined: Mon Dec 10, 2012 12:13 am

Re: Obstructing my right of way outside of the right of way

Postby stressederic » Fri Jul 14, 2017 11:15 am

A full and free right of way at all times and for all purposes over and along the private driveway.

The private driveway means the private driveway coloured red on the plan.

The private driveway extends across an area of the adjacent grass verge (the reason it is 5m wide is so a vehicle can cross) - this area of the grass verge forms part of the private driveway ie it is coloured red on the plan.

So when i drive along the private driveway, i am unable to then turn at 45 degrees to cross the grass verge (which is part of the private driveway) and then onto my land.

I am exercising the right of way to access my land. I can no longer to that.
stressederic
 
Posts: 74
Joined: Thu Jun 29, 2017 8:31 am

Re: Obstructing my right of way outside of the right of way

Postby stufe35 » Fri Jul 14, 2017 11:52 am

My initial assessment would be that if they have placed obstructions in the area coloured red that you mention that prevent your access, then it is highly likely they are in the wrong, however if they have put them outside the red area and to their side of the boundary line they have done nothing wrong; its a bit tricky to understand and be sure which is the case from your posting.
Experience on this forum has taught us that the devil is in the detail in situations like this.

You need to give the good members of this site as fuller picture of the situation as possible to get meaningful considered answers. Id suggest posting the wording of the deeds, and the plan to which you refer, and a plan or even photo showing the obstructions you refer to.

This will give posters the best chance of giving you good advice that is correct and relevant to your situation.
stufe35
 
Posts: 754
Joined: Mon Nov 05, 2012 4:06 pm

Re: Obstructing my right of way outside of the right of way

Postby stressederic » Fri Jul 14, 2017 12:51 pm

i'll get some drawings uploaded.

The obstructions have been placed on my neighbours land basically on the boundary of their land and the right of way (the right of way land is their land too) and not actually on my right of way. The positioning of the obstructions means I cannot turn to cross the verge and fully exercise my right of way as intended. Meaning i have land which i cannot access in a car.

if i cannot access my land in a car then this goes against the conveyancing and reason that he width of the access across the verge is 5m. If it was for example 2 meters i would understand that it was not intended to be used for vehicular access.

It seems totally disproportionate and unreasonable to put these obstructions in place to stop any possibility of wear and tear to a small area (tyre width) of a grass verge just outside of the right of way especially given my neigbours are the ones who sold me the land with the right of way and they drew up the plans for where i was to access my land across said grass verge. I would hope a judge would see this too.
stressederic
 
Posts: 74
Joined: Thu Jun 29, 2017 8:31 am

Re: Obstructing my right of way outside of the right of way

Postby stufe35 » Fri Jul 14, 2017 12:57 pm

I am afraid you are not entitled to any extra width other than that defined in the transaction you made . If you needed the extra width the best time to have negotiated it would have been at the time of purchase.

I am struggling to understand how a tyre width out of 5metres width tips the balance and prevents your access. I look forward to a drawing.
stufe35
 
Posts: 754
Joined: Mon Nov 05, 2012 4:06 pm

Re: Obstructing my right of way outside of the right of way

Postby stressederic » Fri Jul 14, 2017 2:20 pm

sorry for the quality of my drawing, but hopefully it gets the point across. i dont want to put the actual plan up at this point.

The blue circles are 2 meter high posts which have recently been placed recently by neighbour on the boundary of the private driveway, the verge and where i have my ROW to my access road. I was always able to fit within this 5m width prior to the posts however the 'natural swing' of the car meant some parts of my car would overhang the 5m width and as said now and again the back right tyre would unintentionally cross a part of the verge outside of my row. Yes i understand that it shouldn't but i can only apologise for that.

This was not an issue prior to the posts been erected and was not an issue for the last few years since purchasing the land and ROW. The posts were not in place at point of purchase nor was it mentioned or written that they would be and furthermore i entered into the purchase in good faith as is written in the contract...so 2 fingers to the caveat emptor argument.

Now that the posts are situated where they are, means I will hit them/rip my wings off my car when attempting to cross my access area to my access road. Its even tighter coming from my land onto the private driveway. Given the private driveway is 2.5m wide you can see how tight it is anyway. I have not changed cars since purchasing the land. i drive a pickup, so not smallet of car but i need a pickup ie i cannot get a smaller car.

From my pov the fact is that my right of way in a vehicle is significantly interfered with. For example if said posts were to be moved to the back of the verge, this would allow me to turn /swing onto the grass verge where i have a row and onto my access road.

Is there anything that supports my argument here???...i need something to defend my argument. I simply cannot drive onto my land as intended when purchasing this land.

and apologies -its not 45 degrees its a 90 degree angle which i turn onto my access road from the private driveway.
Attachments
obstruction to row(1).png
obstruction to row(1).png (17.3 KiB) Viewed 1076 times
stressederic
 
Posts: 74
Joined: Thu Jun 29, 2017 8:31 am

Re: Obstructing my right of way outside of the right of way

Postby stufe35 » Fri Jul 14, 2017 2:36 pm

In your earlier post you implied the verge was included in the right of way:

The private driveway means the private driveway coloured red on the plan.

The private driveway extends across an area of the adjacent grass verge (the reason it is 5m wide is so a vehicle can cross) - this area of the grass verge forms part of the private driveway ie it is coloured red on the plan.

So when i drive along the private driveway, i am unable to then turn at 45 degrees to cross the grass verge (which is part of the private driveway) and then onto my land.
.


Which bit on your plan is 5m wide ?

Can you clarify if the boundary of the right of way the is edge of the verge(next to the road) or the edge of the verge next to the fence line ? ie is the verge coloured red on the official plan ?
Last edited by stufe35 on Fri Jul 14, 2017 3:03 pm, edited 1 time in total.
stufe35
 
Posts: 754
Joined: Mon Nov 05, 2012 4:06 pm

Re: Obstructing my right of way outside of the right of way

Postby MacadamB53 » Fri Jul 14, 2017 3:00 pm

stufe35 wrote:In your earlier post you said the verge was included in the right of way:

The private driveway extends across an area of the adjacent grass verge (the reason it is 5m wide is so a vehicle can cross) - this area of the grass verge forms part of the private driveway ie it is coloured red on the plan.


Which bit on your plan is 5m wide ?

Can you clarify if the boundary of the right of way the is edge of the verge(next to the road) or the edge of the verge next to the fence line ? ie is the verge coloured red on the official plan ?
according to the drawing, the road is 2.5m wide and the verge is 1m wide so I am utterly confused because these are bounded by a fence along one edge and a wall on the other - so the entire available width is 3.5m not 5m as previously stated.

OP - please can we see the wording and either a scan of the original plan or an accurate mockup:
MacadamB53
 
Posts: 5967
Joined: Mon Dec 10, 2012 12:13 am

Re: Obstructing my right of way outside of the right of way

Postby stressederic » Fri Jul 14, 2017 4:33 pm

sorry for the confusion...on the drawing the small shaded red area between the shaded green areas is the area of the grass verge which i cross over to access my access road.

I do not own this small shaded red area. It forms part of my right of way. This small shaded red area is where i can no longer turn on to from the main 'straight' part of the private driveway. Its even more difficult coming from the my access road across the small shaded red area on to the main straight all because of the siting of the 2 posts.
stressederic
 
Posts: 74
Joined: Thu Jun 29, 2017 8:31 am

Re: Obstructing my right of way outside of the right of way

Postby stufe35 » Fri Jul 14, 2017 4:59 pm

Can you clarify if the boundary of the right of way the is edge of the verge(next to the road) or the edge of the verge next to the fence line ? ie is the verge coloured red on the official plan ?
stufe35
 
Posts: 754
Joined: Mon Nov 05, 2012 4:06 pm

Re: Obstructing my right of way outside of the right of way

Postby stressederic » Fri Jul 14, 2017 5:11 pm

The right of way on as shown red on the plan is the same red areas as shown on my drawing. I have no right of way on the the grass verge as shown green on my drawing.
stressederic
 
Posts: 74
Joined: Thu Jun 29, 2017 8:31 am

Re: Obstructing my right of way outside of the right of way

Postby despair » Fri Jul 14, 2017 6:32 pm

I am afraid that all this should have been thought of and sorted way back when legalising the ROW
Its very difficult to turn from a 2.5m drive or road onto a 5 metre one and vica versa you need a proper vision splay
despair
 
Posts: 16026
Joined: Mon Mar 14, 2005 8:07 am

Re: Obstructing my right of way outside of the right of way

Postby stressederic » Fri Jul 14, 2017 6:45 pm

despair wrote:I am afraid that all this should have been thought of and sorted way back when legalising the ROW
Its very difficult to turn from a 2.5m drive or road onto a 5 metre one and vica versa you need a proper vision splay


i was able to access on and off this area up until the posts were inserted,now its next to impossible, surely this is a significant interference to my ROW.

on top of this these posts were not in place during the conveyancing not where they ever mentioned. Now, several years down the line they have been erected. In hindsight i wish i had put in a restrictive covenant in place...however to late for that. I need this access, without it my land is worthless.

Do i basically have to run the risk of financial loss and seek an injunction and hope the judge sees my pov?
stressederic
 
Posts: 74
Joined: Thu Jun 29, 2017 8:31 am

Re: Obstructing my right of way outside of the right of way

Postby arborlad » Fri Jul 14, 2017 6:59 pm

stressederic wrote:They sold me the house with the right of way where it is..:




With the fencing and other issues this situation seems to be deteriorating rapidly, is there an event that has caused this, do they regret selling and wish to buy it back?
arborlad

smile...it confuses people
arborlad
 
Posts: 7357
Joined: Sun Jul 09, 2006 6:30 pm
Location: Hertfordshire

Ads are not endorsed by www.gardenlaw.co.uk or the staff thereof and visitors should perform their own due diligence on the product or service offered.
 
Next

Return to Rights of Way

Who is online

Users browsing this forum: Bing [Bot], Google [Bot] and 3 guests