Right of Way and insurers

[l1awrie]

Had great help when last visited the forum, about harassment notice my complaint now with the police, hope I can get help with my on going problem with parking on the right of way.

There are three houses, 1, 3 and 5.

3 and 5 have a right of way over my drive, I, no.1 have a right of way over no. 3s drive.

No. 3 let's no. 5 park on his property, my right of way.

I have written to both 3 and 5 pointing out the covenants regarding the right of way and received no response.

Two weeks ago I asked the police to visit no. 3 regarding the parking, to my surprise they agreed to speak to him.

No. 3s response to the police was, despite the covenants, it was not his responsibility to stop people parking on his land and interfering with my right of way.

As I have legal cover with my insurers I put the matter into their hands.

Insurer informed me that my legal cover is for trespass and nuisance, that as I am not driving at the moment, I am waiting for knee replacement surgery, the courts would not uphold a claim for either nuisance or trespass.

Would appreciate any input regarding this

[unclebulgaria67]

Perhaps you may not be driving, but you need others to have unfettered access to your driveway, so you can be picked up to attend appointments and in the event of an emergency.

 

Did the Insurers consider this ?

[l1awrie]

Thanks for response Unclebulgaria.

 

No insurers did not consider that others would need access, nor that I have a right of way on foot over next doors drive.