Hi all, I have purchased a house that has no normal driveway, except from the rear via a park and roadway, which enables me to access my double garage when I bought the property the estate agent showed me an easment that he said allowed me access to my garage, what I wanted to know is can i build, a carpot or paving on the easment? is the easment mine? can i fence it either side? the easment is only right of access not water pipe etc. I am sure the easment was on the plans of our house.
thanking you
bob.Generally speaking, an easement is made for the passing of services through or over the land eg for drainage, power. Conversely, a right of way, burdens one property and benefits the other by way of giving another party (a benefit) or right to pass over the other person's land. In your case it sounds like you may have a beneficial covenant granting you a right of way over another property ie the park. The instrument creating the ROW will tell you what can and can't do on the ROW eg to pass over but not to park vehicles etc.
You will most likely not be able to build over the ROW or easement as you do not own it you only benefit by the right to use it.
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