maintenance of the drive we have ROW over

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Angela789
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maintenance of the drive we have ROW over

Post by Angela789 »

Our neighbours own the driveway over which we have right of way to access our house. Since they moved in they have not done any maintenance. The drive has many potholes and the grassy areas are now covered in tall weeds. Some months ago they also parked an old car just off the drive. It all looks a complete mess and spoils the approach to our house. Is there anything we can do?
MacadamB53
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Re: maintenance of the drive we have ROW over

Post by MacadamB53 »

Angela789 wrote: Wed Jun 19, 2024 11:22 pm Our neighbours own the driveway over which we have right of way to access our house. Since they moved in they have not done any maintenance. The drive has many potholes and the grassy areas are now covered in tall weeds. Some months ago they also parked an old car just off the drive. It all looks a complete mess and spoils the approach to our house. Is there anything we can do?
you could sort the potholes if they’re preventing you and visitors from using the drive
stufe35
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Re: maintenance of the drive we have ROW over

Post by stufe35 »

Where are these grassy areas to which you refer ? Are they part of the right of way ?
mr sheen
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Re: maintenance of the drive we have ROW over

Post by mr sheen »

You, as the dominant tenement with the right of way, have the ancillary rights to maintain your right of way so you can keep it in a manner that enables you to fully enjoy your right to pass and repass over and along it. So you can fill in the pot holes, remove weeds, trim back hedges and even resurface it in the same materials it currently enjoys. If the ‘grassy areas’ are outside the area over which you pass and repass, you cannot interfere with them.

The servient tenement, that is the owners of the land over which you enjoy a right of way, have no responsibility to keep or maintain so that you can continue to enjoy your rights. In fact many servient owners delight in letting it fall into disrepair….the danger then is that they became awkward about dominant tenements maintaining it (which they have no right to interfere with).

So if you want the weeds removed and the potholes filled you are fully entitled to crack on and do it. Alternatively you equally could just leave it fall into disrepair, your choice. Your neighbour has no responsibility to maintain it for you.
Angela789
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Re: maintenance of the drive we have ROW over

Post by Angela789 »

Thank you all so much for your helpful replies. The grassy areas are to the side of the drive over which we have right of way. So, it’s a shame but your responses indicate we can’t do anything about the weeds and old car parked there. Some years ago, we paid for lot of work to be done which they have benefited from and hence, our reluctance to do more. But, I guess we should crack in with filling in the potholes. They have a horrible scaffold pole gate that leads on to the main road which they insist we close. Friends and relatives who visit us say what a shambles it all is. We have offered to pay half to replace it with an automated gate but they say it’s too expensive. It’s been clear to me that they expect us to pay.
MacadamB53
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Re: maintenance of the drive we have ROW over

Post by MacadamB53 »

Angela789 wrote: Thu Jun 20, 2024 10:04 am Thank you all so much for your helpful replies. The grassy areas are to the side of the drive over which we have right of way. So, it’s a shame but your responses indicate we can’t do anything about the weeds and old car parked there. Some years ago, we paid for lot of work to be done which they have benefited from and hence, our reluctance to do more. But, I guess we should crack in with filling in the potholes. They have a horrible scaffold pole gate that leads on to the main road which they insist we close. Friends and relatives who visit us say what a shambles it all is. We have offered to pay half to replace it with an automated gate but they say it’s too expensive. It’s been clear to me that they expect us to pay.
the law does not require you to close their gate for them (perhaps common decency to, though)
stufe35
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Re: maintenance of the drive we have ROW over

Post by stufe35 »

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Last edited by stufe35 on Thu Jun 20, 2024 1:26 pm, edited 1 time in total.
stufe35
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Re: maintenance of the drive we have ROW over

Post by stufe35 »

Angela789 wrote: Wed Jun 19, 2024 11:22 pm It all looks a complete mess and spoils the approach to our house. Is there anything we can do?
Other than simply appealing to their better nature or bribing them , if you want to control what land looks like you need to own it. Possible options would be offer to buy the land (this could work if they do not use the right of way or could create themselves an alternative access), or sell up and buy a house where you own all the land you want to be in control of.
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