Restriction to a Right of Way

[Disillusioned-66]

Our front door is accessed from the public road via a path that crosses my neighbour’s garden. We have a right of way along the path which in both our deeds is described as provided to the vendor for all purposes. This arrangement has existed for over eighty years to my knowledge. (we’ve lived here for the past 25 years). Now a new owner has decided that he wants to change this arrangement and has locked the gates on each end of the path but has provided us with a set of keys. His view is that the ROW is provided to us alone and is not available to any one else. Now we cannot receive any visitors or mail or any deliveries to our front door. Our solicitor states we do not have a case for complaint as the deeds state that we, the Vendors, have the benefit of the ROW.
I understood that easements went with the property, i.e. the ROW is exercisable not only by the owner of the property which has the benefit of the right, but also by all persons with legitimate business at his property.
Should we pursue this in the courts or must I resort to using a third party to take in our deliveries from now on?

[Bettypat]

I presume that you have looked very carefully at the deed and made sure that it does not say "the Vendors their servants or agents" ..This is what it would normally say. It does seem at bit ridiculous having such limited access to your own front door. What about fire access? It might just be worthwhile getting a barrister's opinion on the matter - one specialising in Land Law.

[buildersmate]

Yep, agree with Bettypat - the wording (ideally) should refer to your 'full right and liberty to enter the said property' and also extend that right to 'your respective servants licencees agents or contractors' a similar right. Or similar words. Otherwise your solicitor is probably right - it technically was drafted to refer to you as proprietors only.