Right of access
Discussion
I have a friend who has had access up this track to his shed which he stores his cars for over 40 years. He has bought a plot to build a further shed next to his present shed. There was a fallout with the owner of the track a few years ago and he has been an awkward sod since. Parking cars on the single lane so friend could not get past. He has received a lawyers letter telling him to cease and desist using the lane and that he will not have access to his planned new shed. My friend is concerned as he hasn't the spare cash to be throwing at lawyers and I was wondering if their is a cheap way of making his problem go away!
stichill99 said:
the track is a public right of way.
If this is the case and presumably he was prevented from putting a gate up for that reason, I would simply confirm it with the OS Map or the Council and forward that to the solicitor You don't need to be a solicitor to write to a solicitor - it will also cost him to keep writing letters via his solicitor
Jakg said:
If it's a public right of way, your friend doesn't have a right of access - everyone does.
But if it's not a public right of access, and something specific in the deeds then the detail of that access will be very important - especially if it covers the new building or not.
But if it's not a public right of access, and something specific in the deeds then the detail of that access will be very important - especially if it covers the new building or not.
stichill99 said:
The road is actually part of an old estate and when the estate was sold in the 1930's anybody who owned part of the estate had access on all estate roads!
In which case the exact wording of the right of access is all important.I suggest getting a copy of the deeds and title plan of the properties involved.
It should record any rights you have.
£3 a go from the actual land registry, avoid intermediary websites which just charge you more!
For instance, my old house came with ownership of a length of private road, the people further down had the right to 'pass and re-pass' etc etc.
It could be that the right to pass over the other bugger's land is restricted to the OP's original property and does not apply to the additional land he has bought.
It should record any rights you have.
£3 a go from the actual land registry, avoid intermediary websites which just charge you more!
For instance, my old house came with ownership of a length of private road, the people further down had the right to 'pass and re-pass' etc etc.
It could be that the right to pass over the other bugger's land is restricted to the OP's original property and does not apply to the additional land he has bought.
Why type of right of way is it? Check the definitive map.
If it’s a BOAT or restricted byway then that’s dead easy. The landowner is committing a criminal offence by blocking it.
If it’s a footpath then it gets much more complicated and Lilly does need solicitors. He most likely has a right of easement to cross the land due to the time of use. This should be easy to prove, however enforcement without a solicitor could prove difficult.
A bridle way will depend on how much room is needed to pass and how much of an arse the land owner is being.
If it’s a BOAT or restricted byway then that’s dead easy. The landowner is committing a criminal offence by blocking it.
If it’s a footpath then it gets much more complicated and Lilly does need solicitors. He most likely has a right of easement to cross the land due to the time of use. This should be easy to prove, however enforcement without a solicitor could prove difficult.
A bridle way will depend on how much room is needed to pass and how much of an arse the land owner is being.
Tiresome. I get involved in some of this type of stuff in my work. They sap resources and life out of the living, and that is with the support of an in-house legal team.
OP. Make sure you are in the right.
If so set out politely and matter of factly once and for all the position. Keep that letter to send every time he blocks the route. Ultimately this position is unlikely to get better until one of you moves or dies.
The very worst in my experience is the flip-floppers. You fix the problem once and for all, then something happens to set them off again and you are back in the war...
OP. Make sure you are in the right.
If so set out politely and matter of factly once and for all the position. Keep that letter to send every time he blocks the route. Ultimately this position is unlikely to get better until one of you moves or dies.
The very worst in my experience is the flip-floppers. You fix the problem once and for all, then something happens to set them off again and you are back in the war...
Jobbo said:
It is worth speaking to a solicitor to make sure you’re in the right; an existing right of way to land you already own does not give you a right of way to additional land. Google ‘enlargement of easement’ as a starting point.
Also, when there are easements in the deeds allowing for rights to cross other people's land, there may be covenants restricting what you do with the land.It would be quite reasonable not to want someone to set up a business using a shared drive for instance.
The deeds for our lock-up had yards of comedy restrictions as to what could not be done there, which were of course widely ignored until there was a big punch up about access.... Luckily I'd sold up by then.
When people buy property, conveyancing solicitors are often very casual about this kind of stuff.
stichill99 said:
I thought it might be quite simple. He allready has right of way to his current building,why would that change because he adds another? How could you prove what building he was going to?
It just depends on what the access details are. This maybe wrapped into another restriction on number of buildings etc.
As above. Get the details from the land registry
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