Right of way question.

carmanmemoranda said:
Would bring out their side of any claim then
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The point is : you don't need to use some elaborate ruse of a "broken down car".

If I have an easement and you block it, it doesn't matter why. It's simply that you did.

Do you think Mottie's mate can enjoy his easement over the neighbours extension?
 
So he blocks his neighbours easement

What's the neighbour going to do ?

There's a world out there that's not all theory books
 
Thanks to all who have added to this thread. I’ll pass on the info from this thread to my mate and I’ll keep you updated on any happenings but knowing him, he'll just bury his head in the sand!
 
motorbiking said:
We don't know if he even has one.
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And that's the point

Park a car, block the access, see what happens. If he has any right it will be produced. If he hasn't, then no access.

And then build a fence, wall, hedge or dig a hole etc.
 
I been through a couple of these... Rights of way are called easements on private land and easements must be registered on the deeds. The situation here is one of permission not right. You can only gain an implied permission if you used an access for 20 years without gaining the consent of the landowner. In this case the landowner gave permission and permission can be revoked at any time without reason, permission lasts for as long as the land owner agrees.

You will probably already know this if you have seen one of those little signs on a building frontage that says " this is not a public write of way and permission to remove access can be enforced at any time. That's just permission in writing as the building owner cannot personal grant access to every tom. dick that passes over their land., but the principle is the same permission to cross can be revoked at any time.

So in this case your mate did the right thing, gave permission... as such all other remedies are not required just revoke permission.
 
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motorbiking said:
Permission has been withdrawn.
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We were talking about joint right of way for both in the deeds not an informal right which can be withdrawn. We don’t know what Mottie has said to his mate or how he has reacted.
 
blup said:
We were talking about joint right of way for both in the deeds not an informal right which can be withdrawn. We don’t know what Mottie has said to his mate or how he has reacted.
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As I pointed out any easements must be registered on the deeds.,,,
 
martygturner said:
I been through a couple of these... Rights of way are called easements on private land and easements must be registered on the deeds. The situation here is one of permission not right. You can only gain an implied permission if you used an access for 20 years without gaining the consent of the landowner. In this case the landowner gave permission and permission can be revoked at any time without reason, permission lasts for as long as the land owner agrees.

You will probably already know this if you have seen one of those little signs on a building frontage that says " this is not a public write of way and permission to remove access can be enforced at any time. That's just permission in writing as the building owner cannot personal grant access to every tom. dick that passes over their land., but the principle is the same permission to cross can be revoked at any time.

So in this case your mate did the right thing, gave permission... as such all other remedies are not required just revoke permission.
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Sorry but you are mixing up lots of different elements of law.

Public rights of way are completely different
Easements can be established without being registered on the deeds.
You are correct that permission can be revoked and a failure to take action against trespass does not create a right.
 
blup said:
We were talking about joint right of way for both in the deeds not an informal right which can be withdrawn. We don’t know what Mottie has said to his mate or how he has reacted.
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If there is a formal easement. I would expect it to be reciprocal. Mottie’s mate has an equal right to enforce his easement over the neighbour’s extension.

Injunctions are very hard to obtain and I can’t see a judge awarding an injunction to remove a fence and not address the loss of easement over the neighbour’s extension. I suspect the judge will say “you caused the loss of access”.
 
motorbiking said:
If there is a formal easement. I would expect it to be reciprocal. Mottie’s mate has an equal right to enforce his easement over the neighbour’s extension.

Injunctions are very hard to obtain and I can’t see a judge awarding an injunction to remove a fence and not address the loss of easement over the neighbour’s extension. I suspect the judge will say “you caused the loss of access”.
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More likely to be a shared right of way across both driveways if anything. If Mottie's neighbour has agreed to the extension he has agreed to a narrower drive way. The question is what the deeds say on it. Unlike AR's tax affairs this question can fairly easily be answered.
 
I am not mixing any bits of law...

motorbiking said:
Sorry but you are mixing up lots of different elements of law.

Public rights of way are completely different
Easements can be established without being registered on the deeds.
You are correct that permission can be revoked and a failure to take action against trespass does not create a right.
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1. As I pointed out a right of way is called an easement not a right of way.

"Rights of way are called easements on private land and easements must be registered on the deeds. The situation here is one of permission not right."

2. Easements must be formalised... see https://www.gov.uk/government/publications/easements/practice-guide-62-easements. Normally the are covered in the title of the land - the deed, "restrictive covenants ." is the common phrase, but that depends on when the land was registered, any house sale post 1990 and in this case was 10 years ago must be registered, therefore any easement, covenants restrictive or otherwise are noted.

Hope that helps.
 
blup said:
If Mottie's neighbour has agreed to the extension he has agreed to a narrower drive way.
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Not sure he agreed to it, more that he didn’t object to it as far as I know. Whether that counts as an agreement, I’m not sure. In any case, the extension only went into approx 2/3rds of the neighbours property and not into my mates.
 
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