Q&As

Where a party has a right of way but not the right to park on a driveway, but does park in a way that prevents others benefiting from the same right of way from exercising their right, who can bring a claim for injunctive relief?

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Produced in partnership with Matthew Haynes of St Ives Chambers
Published on LexisPSL on 05/12/2016

The following Property Q&A produced in partnership with Matthew Haynes of St Ives Chambers provides comprehensive and up to date legal information covering:

  • Where a party has a right of way but not the right to park on a driveway, but does park in a way that prevents others benefiting from the same right of way from exercising their right, who can bring a claim for injunctive relief?

Where a party has a right of way but not the right to park on a driveway, but does park in a way that prevents others benefiting from the same right of way from exercising their right, who can bring a claim for injunctive relief?

First, to obtain relief, the interference with the right of way must be substantial. It is also implicit within the scenario addressed in this Q&A that the parking is preventing the right of way from being substantially and practically exercised as conveniently as before.

In this case, both the other dominant tenement owners and the servient tenement owners may apply for an injunction. In respect of an interim injunction, each would have to show that they fall within the well-established principles of American Cyanamid Co v Ethicon Ltd. Different considerations will apply depending on the facts; for example, the

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