Right of Way - 'Right to Pass and Repass' Legal Definition?

Question

I have a Right Away on my property (part of the driveway). The Right of Way consists of 4.5 feet on my side of the property line and 4.5 feet on my neighbors side of the property line. The 9 foot strip creates a 'Party Driveway'. My question is this. The Deed states that both parties shall have the Right to 'Pass and Repass' at all times on this strip of land.

Does this mean that a car can not park on the Right of Way (the 9 foot strip) at anytime?

Thanks,

Answer 1

The strip is for ingress and egress. on any portion of the strip at any time. Thus parking a car and leaving it unattended denies both parties this right... even if there is room to go around.



So.. NO PARKING.. the blocked party can bring a civll actopm against the 'parkee' FOR EACH OCCURANCE if the offender is the land owner, and can likely have the vehicle towed it it belongs to a non-owner. Depending upon local law and codes, the vehicle may be citable.



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Answer 2

It just means that each of you have the right to use that strip of land to drive back and forth. You or your neighbor can park there car on that strip, but will need to move it when the other needs to drive in or out. It's not necessarily a 'keep out' zone that prevents parking there.

Answer 3

It depends partly on the status of the strip. By example, in the public realm, a right of way can have legal definitions such as highway, bridleway, byway, footways: separate Acts of parliament affording certain rights and restrictions upon mode of transport for the protection of users. If the private way is clearly intended for vehicular use then the right to pass and repast protects riparian rights respectively.You do not have to maintain this right beyond reasonable use, so if the other party can get by then you have observed their right.

Answer 4

Pass And Repass

Answer 5

1

Answer 6

It means what it says, oddly enough. If someone can quickly move the parked vehicle, the problem would be . . . ?