Right of way / easement of private driveway

[Traceylouise81]

I have just purchased a property which has a fairly decent sized driveway, but due to an existing right of way/easement stating that my neighbour have drive over my property to get to their own drive (my property has a drop kerb, they don't).
Problem is, because of the way that the right of way has been drawn on the deed, it leaves me with space for one parked car, whereas they have space for 4-5 cars!!! Morally not right.

My questions are;
1) Can you redesign the right of way without having to do it legally? So still leaving them access across my property but just set out differently so I can squeeze another car space on my own property.
2) If I need to seek legal advice on changing the access (as I am presuming that my neighbour will not agree to release the deed as it would be of no benefit to them to do that) - who do I speak to? The local council, land registry and/or a solicitor?

Thanks in advance! Tracey

[wales01man]

Re: Right of way / easement of private driveway

Morals count for nothing here you need to get Legal advice before you think of doing anything that may upset your neighbour otherwise it may become very troublesome and expensive.
You cannot just alter a right of way after all what would you do if positions were reversed and they were left with one space and you six

[Amethyst]

Re: Right of way / easement of private driveway

Is there space for a drop kerb to be added for direct access to their driveway ?

[wales01man]

Re: Right of way / easement of private driveway

Dropped kerbs cost a lot to have done maybe there is a wall to remove as well don't think if I was the neighbour I would be paying good idea though

[des8]

Re: Right of way / easement of private driveway

Have you checked with land registry if there is a right to lift and shift the easement?

Have you discussed the possibiity of "lift and shift" and redefining the right along a new route by agreement with your neighbour.
If the change does not alter the amount of land available to them to park, why do you think they will not agree?
If the change is agreed a of variation deed will need to be drawn up

Further thoughts: do you know the exact route?
does the easement show the exact route and define the width?
are there limits on the size of the vehicles?
These are all points that might help in your negotiations

[Crazy council]

Re: Right of way / easement of private driveway

Can you post up the wording on the deed/covenant ( lots of the arguments about these are down to interpretation of the wording ),

Do they have highway access to there frontage,, or are they a corner,
When was the part added to the dead ( was it at time of build or after )
Does your deed mention a charge for maintenance