right of way and obstacles

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ddarren
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Joined: Thu Sep 27, 2012 4:27 pm

right of way and obstacles

Post by ddarren » Sat Sep 29, 2012 5:16 pm

hi
i share a drive with another neighbour who owns the drive,at the bottom of the drive is my garden where i have double gates are my gates allowed to open onto the driveway ?
my deed wording is The full right and liberty for the purchaser and his succesors in title owners or occupiers for the time being of the property hereby conveyed in common wiyh all other persons for the time being having the like right at all times and for all purposes with or without horses carts or other vehicles mechanically propelled or otherwise to pass and repass .
and lots of other stuff
Does this mean the driveway must be kept clear or is he legally allowed to store his wheelie on it ?

excellent forum Darren

withreason
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Re: right of way and obstacles

Post by withreason » Sat Sep 29, 2012 5:34 pm

ddarren wrote:hi
i share a drive with another neighbour who owns the drive,at the bottom of the drive is my garden where i have double gates are my gates allowed to open onto the driveway ?
my deed wording is The full right and liberty for the purchaser and his succesors in title owners or occupiers for the time being of the property hereby conveyed in common wiyh all other persons for the time being having the like right at all times and for all purposes with or without horses carts or other vehicles mechanically propelled or otherwise to pass and repass .
and lots of other stuff
Does this mean the driveway must be kept clear or is he legally allowed to store his wheelie on it ?

excellent forum Darren
Your gates should open onto your own land, your only right is to "pass and repass" which means just that. The servient owner of the drive has the right to use it as they please, as long as they don't block your access.

ddarren
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Re: right of way and obstacles

Post by ddarren » Sat Sep 29, 2012 5:55 pm

thanks for the quick reply
darren

despair
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Re: right of way and obstacles

Post by despair » Sat Sep 29, 2012 6:40 pm

They cannot block your access with anyrthing inc wheelie bins but by same token your gates cannot open their drive /ROW

pilman
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Re: right of way and obstacles

Post by pilman » Tue Oct 02, 2012 6:00 pm

They cannot block your access with anyrthing inc wheelie bins
They can do what they like with their own land, except create a "substantial obstruction" of your right of way.
If the wheelie bin is located so that there is a clear space for you to use the right of way then the quoted words are not correct.
If the wheelie bin is causing a "substantial obstruction" by being placed in the centre of the right of way, so that you have to stop your car and move it every time you drive through then that "could" be considered a substantial obstruction, but only a civil law action to be decided in the court will resolve that matter.

These simple answers stating "It cannot happen" do not always give the correct advice to someone seeking help from this web-site.

It is never simple when dealing with matters regarding easements such as rights of way.

In the same way as you are trespassing over the land of the neighbour if your gate opens over his land, but he will need to sue you in court to resolve that matter too.

These civil law matters are what the legal profession rely on for their huge fees, so they will never be settled without some common sense being applied to the situations being described in this posting.

Anthony Westoby
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Re: right of way and obstacles

Post by Anthony Westoby » Fri Oct 12, 2012 7:57 pm

My Council Wheelie Emptying Operatives block my front drive every Friday, last week I inadvertently knocked one over with my vehicle and scratched it (the vehicle, not the bin, they are nearly indestructible) Can I sue the Council?

TonyW.

robj191269
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Location: Hampshire

Re: right of way and obstacles

Post by robj191269 » Sat Oct 13, 2012 10:16 am

Tony

If you can't see a wheelie bin, should you still be driving :D

Anthony Westoby
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Re: right of way and obstacles

Post by Anthony Westoby » Tue Oct 16, 2012 10:33 pm

Robj

Actually, I was using artistic licence and lying at the same time, I was lazily trying to nudge it out of the way.

The common sense application to this problem of what does and does not constitute an obstruction, has to be, IMHO that anything at all placed upon a RoW and left there, wheels or not, whether it be even a wheelbarrow,HAS to be regarded as an obstruction.

The RoW is a highway and should be treated as such.

ie. When my neighbours husband was alive and she used to push him down our shared RoW, in his wheelchair, even a movable wheelie bin would have been a definite hindrance.

Tony W.

Anthony Westoby
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Re: right of way and obstacles

Post by Anthony Westoby » Wed Oct 17, 2012 7:03 pm

nothingtodowithme wrote:Pilman is correct good advice.
Yes, ntdwme, trouble is its 'everything to do with me' as I'm a victim of both significant and insignificant, direct and ancillary obstructions, so therefore I will agree whole heartedly with 'Pilmans' well structured comments but disagree with his dichotomous statement about how opinion is put forward on this site.

We are all acutely aware how these problems are used by the legal profession, which, I surmise, is why 'bald' and seemingly direct advice is given here, its a very, very, emotive subject we debate here.

Any obstruction is a substantial obstruction, whether it is on wheels or swinging on hinges or planted in the ground.

TonyW.

Conveyancer
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Re: right of way and obstacles

Post by Conveyancer » Thu Oct 18, 2012 12:01 pm

The authorities seem to me to be somewhat conflicting. Some cases suggest that if the dominant owner can conveniently use the way for the purpose for which it was established he has no cause for complaint. Others suggest that if a man negotiates a generous width that is what he is entitled to.

No one wants to get into litigation over wheelie bins on drives. What ddarren has not told us is if the wheelie bin in question is a real problem. Are there other issues with the neighbour?

As for gates opening onto a right of way I suggest that that is capable of being an easement. If when the easement was granted the gates opened onto the way I cannot see how the servient owner can object. If the gate has opened onto the way for more than 20 years there is a prescriptive right.

Lawyers do not rely on this sort of problem for their fees. Whilst there are some unscrupulous lawyers around, most cases of this sort only get to court because there is a client insisting it gets to court.
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