Tresspassing over a private right of way.

A

Acromander

Guest
I share a vehicular right of way to the rear of my property with one other householder, over a driveway owned by an an absent third party. We bought the rights of way and are responsible for maintenance and insurance of the driveway, and the deeds of our properties state that no further easements may be granted.

The driveway to our properties backs a number of gardens along the road where I live. Recently a neighbour put a double gate into the driveway and he and his family use it to access his garden on a daily basis. I and the other R-o-W owner wrote to the neighbour to point out that he had no rights over this land, but he told us we were were being selfish, ignores us and contines to use it, together with his friends and family. It is potentially a hazard, particularly for children as it is very narrow and there is no room for pedestrians if a vehicle uses it.

The landowner is not interested in the problem and we have no wish to become embroiled in expense of legal action. Is there anything can we do?
 
Could you not put up a gate at the beginning of the driveway with a lock or an automatic system that only you and the other householder can use?

What about blocking the intruder's gate by putting a fence at the other side of it so that he cannot enter the driveway.?
 
Acromander said:
... and the deeds of our properties state that no further easements may be granted. ...
Click to expand...

What does this mean? That you can't grant rights to others, or that the owner can't grant rights?

In general you only have a right of way over the property, not the right to exclude others, so you may just have to grin and bear it. However, the specific nature of the right as set out in the deeds will be the deciding factor.

Have a chat with the Planning Office - did they have permission to break an entrance into the driveway?
 
Thank you folks for your input. I certainly can't grant any rights but I think the owner still can grant a right over this tiny area of land - however the other end of the drive terminates in another small parcel of privately owned land, (over which I have rights) used as a shared car park for an adjacent property comprising five dwellings, so there would be no point attempting to establish yet another easement. Until now we have all had very amicable sharing arrangements, and no, the neighbour did not have any permission, nor was any sought, even though they were aware that the drive and car park are private. If they manage to establish their regular use by tresspass there are another three neighbours backing on to the drive who may then feel free to do the same.
 
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