right of way and multiple exit/extry points

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    right of way and multiple exit/extry points

    Hi All,

    I wonder if anyone can give me an opinion on a right of way query . Basically, I would like to know if the Grantee (number 2) has rights to multiple entry points along the right of way or if a single point of entry is sufficient for the legal right. For instance, on the diagram below, owners of number 2 access via the road up the drive and access their land via the red point. They have indicated they possibly would like an in-out driveway for convenience at the blue point. So, can this be refused by myself as owner of number 1 as they already have right of way via the red entry point? Otherwise what stops them creating another entry access point later on? Crude diagram attached Thanks in advance.


    Attached Files

    #2
    the driveway is on my plot, number 2 have a drive parallel after the red entry point to the end of their property.

    Comment


      #3
      If the driveway is privately owned between proprietors it would be difficult to stop the creation of an additional access unless there was unanimous agreement to object.

      Comment


        #4
        No I own the drive, theyhave right of way

        Comment


          #5
          Just to be clear the road is the part with the arrow , my driveway is the part with the markings on.

          Comment


            #6
            Without seeing the wording used when the right of way was granted it would be unrealistic to offer an answer to the question being asked.

            A plan may have shown the length of drive that was to be used as a right of way, so it would need to be known how far up the drive was shown to be part of a right of way.

            If the plan showed the right of way went the entire length of the drive then there would be a strong probability that the new access could be created to allow all of the right of way to be used by the servient property.

            Comment


              #7
              Yes it is the full length. So whats stops the servient property from having 5 or 6 points of access just because they want to?

              Comment


                #8
                Nothing, if the wording used when the right of was granted allows that to happen. Unless there is a boundary feature that belongs to you that cannot be interfered with. If the hedge or fence is owned by the servient tenement then access from any point on the right of way should be possible.
                Your only right is that use of the right of way does not create a substantial obstruction to your use of your property.

                Comment


                  #9
                  We prevented access from our private road because there was a grass verge between the road and their property which they had no right to cross.

                  Comment


                    #10
                    Can you post the redacted wording

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