Easements On property

[maclarencat]

Can some one tell me if this paragraph means that visitors can park on this piece of land please
A right of way at all times and for all reasonable purposes by day or night with or without vehicles connected with free use and enjoyment of the vendors said ajoining property for the vendors and their successors in title and all persons authorised by them to pass and repass over and along the driveway coloured brown on the said plan
Thankyou

[hc4361]

No. It is for passing only - a right of way to pass, not park.

[tonywiltshire]

As has been said your easement will probably be a right of way only over land owned by others. Under section 62 of the law of property act 1925 when the land is conveyed all easements appertaining to it pass automatically. There is also an easement of necessity, which is usually where land would be useless without the easement for access, an easement can be for uses other than as a right of way such as use of a toilet or parking, you may be interested in Copeland v Greenhalf 1952, you may also wish to check if the easement is registered with the land registry.

[maclarencat]

Thankyou that is really useful. It is registered with the land registry so that is fine. I just wanted to confirm what was legally allowed . Its not for me but a friend whose neighbour does his best not to let them use the right of way at all and if anyone does pull up on it say to drop shopping off he is out of his house in a flah asking them to move but I guess from what you say he is entitled to do that. Although he parks 2 cars on it and a trailer and has a garden bench there too so I guess he is not exactly conforming to the right of way as its usually blocked.

[maclarencat]

flash not "flah"

[tonywiltshire]

Mac, I doubt he should be blocking the access with a garden seat or trying to stop people pausing on the right of way, but you may have to go to court to have this stopped, which could be expensive.
As an alternative you may wish to have a chat with him over the wording of the easement and perhaps comment on Copeland v Greenhalf 1952, which refers to parking vehicles.

[maclarencat]

Thankyou I think court would not be a good idea i think next timehe objects to the unloading of shopping she should point out the matter of parking and the bech

[hc4361]

The neighbour's rights may be different - check by downloading the Register from the Land Registry for under £5

[maclarencat]

Sorry about the spelling silly ipad buttons