prescriptive rights

[jennymac]

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DEED OF GRANT

This Deed of Grant is made the third day of May one thousand nine hundred and eighty six (crossed out and ninety written in pen) Between the British Rail Board hereinafter called the Board of the one part and ***** and then address hereinafter called the Grantee.

Whereas

1, The board is seised in unincumbered fee simple in possession of the land coloured brown on plan attached hereto has agreed with the Grantee to grant the rights for the consideration and subject to the covenants hereinafter appearing.

Now this deed witnesseth

In consideration of the sum of �4,000.00 (the receipt whereof the Board acknowledges) the Board hereby grants to the Grantee for the full and free right to pass and repass with or without vehicles by day or night in common with the Board and other persons authorised by them, over the land coloured brown on the plan attached for the purpose only of gaining access to the property known as ***** in the County of ***** as shown edged in red on the said plan (the red land) and the single dwellinghouse erected thereon.

The Grantee hereby convenants with the board

1, To pay a fair proportion according to the user of the cost of repairing maintaining and if necessary renewing the surface of the said roadway. Such proportion to be determined by the Boards Surveyor whose decision shall save in the case of manifest error be final and binding on both parties.

2, No to park or position vehicles or otherwise obstruct the said roadway.

3, Not to use the roadway for any purpose other than for gaining access to the red land and one single private dwelling house erected thereon.

4, To indemnify the Board against any liabilities, costs, claims and demands whatsoever arising out of the exercise of

[Eve]

Does the turning point fall in the land coloured brown?

It does refer to a right of access in order to get to and from the property but clause 2 would indicate that parking is not allowed though the drafting is a little ambiguous.

I would appear that access only was allowed and parking specifically prohibited.

Will reply further on your other thread.