Extinguishing an Unregistered Right of Way

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Darth Vader

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A friend bought a property which had a condition in the Contract that the property is subject to a right of way. She bought the property in 1997 and cant remember if she was given any details abuot this right of way and the title deeds give no other information bar that clause in the contract.

The right of way is not registered on her Folio or that of her neighbour.

The neighbour has put a gate in at the end of her driveway and has told her that the right of way allows him to use her driveway.

I presume that he will have to prove the existance of this right of way and/or have written declarations from previous owners that they used this right of way?

My friend does not want this right of way there, is there anything that she can do?
 
There is little or nothing she can do. The existence of the right of way was specifically brought to her attention when she bought, and this is quite enough to oblige her to respect the right of way. The exact scope of the right of way might be open to debate (is it on foot? is it vehicular? is it for a specific purpose? ) but the time to investigate and get answers to these questions was when she bought.

Incidentally, a right of way would not usually include a right to park, so if the neighbour is parking on her driveway, she would probably have good grounds to object to this.
 
MOB said:
Incidentally, a right of way would not usually include a right to park, so if the neighbour is parking on her driveway, she would probably have good grounds to object to this.
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Any idea how this could be (legally) enforced ?
 
Does the person trying to enforce the right of way not have to show any documented right though?

I thought that if the right is unregistered then the person trying to enforce it would have to show that it has been used as a right of way for a certain length of time & have declarations from previous owners to back this up?
 
For some reason I can't link to the article directly but if you Google " David Walsh 2005 right of way" and click on the first search result you will get a layman's guide to Rights of way .
 
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