Parking Rights

[shatterarlet]

I have a deed of Grant and park in the lane where my property is situated, RailTrack own this lane and wont sell the area where I park altough they gave permission for us to maintain the area as we are the only ones who have a Deed of Grant. We went ahead and resurfaced the area and mentioned to our neighbours not to park there as we had sole rights, He has a drive accomadating two vehicles where we have not with our property and the area at the end of the lane is the only place for us to park which we have been doing since we have moved in in 1999. He didnt like being told not to park down there and has since made our lives hell. RailTrack sent a representive to view the area and said we could park there and showed a map where to park and what to leave clear for turning. Since this was agreed we have kept to this and as our agreement mentioned two cars could be parked there, Our neighbour has reported us to RailTrack for having three cars parked although we still parked on the crosshatched area they allowed and have left the turning area clear as agreed. RailTrack has now sent us a letter to say they are erecting no parking signs there so we can no longer park there, we have no where else to park and our neighbour has no rights for access as he dont have a deed of grant so what was the purpose of us paying �4000 and losing out money on maintaining the lane if we have no rights. Have anyone a similar story and what do you advise us to do please.

[buildersmate]

My understanding is that a Deed of Grant is the document that provides you with the specific terms under which Rail Track have provided you with an easement over the piece of land in question. This is more than a normal private right of way easement - where one would be entitled to pass and repass over the land owned by Rail Track but not to park there. I imagine the Deed of Grant is the document that entitles you to do specifically this.
You will have to look to the Deed of Grant to determine what the specific terms are.
One would not normally expect Rail Track to be able to extinguish the Deed of Grant on a whim, and another document, a Deed of Variation is typically used to do this.
Were you properly advised about the terms of the original Deed when it was set up.
What exactly does it allow and for how long and what does it say about variation or extinguishment?