3 replies to this topic

[Rachb46]

So our land has road access but also a 10 ft wide gate at the back of the site. This leads over a 10ft bridge, which has been on the land for over 40 years. It would have provided farm access between the farmers fields, which were once farmed by the same farmer.

 

Running through our land from the front access point out and over the back bridge and out the gate, runs a bridleway. That obviously gives access to walkers and horses. 

 

The problem now is that a new road has been built to the back of our land, to provide access to a quarry and golf club. The owners of this new road say that "although the road has public access, it is a private road". The state that we "cannot use the road" nor can we "cross the verge".

 

Does anybody have any experience, or know the law on this? 

 

Our site is 700m long, currently with no farm track. It is almost impossible to pass through the land at the moment, so will be impossible in the winter. The back access is our only means of getting water to our animals during wet weather. Therefore we would like to keep hold of it if at all possible. 

 

would be grateful for any comments

 

thanks

 

rachel 

[tonydockers]

I would look to the length of use the land enjoyed both in your ownership and obtain affidavits from previous owners occupiers for the longer periods. Instruct solicitor to review the deeds and plans and cross check the vendors docs in response to access questions within the standard enquiries. Then will all your info to hand you can make the relevant legal challenge based on fact. I would have thought on first glance at the info you supply you have a very good case for continued use

[elegantstorm]

Are you saying that they have turned the bridleway into a road?  As far as I am aware, a bridleway can only have public traffic consisting of horses, cyclists and walkers.  I'm not sure if that includes horse carts.  You would have a right to use the access by foot, cycle or horse as it's public, but not for any vehicular access.  The landowner is of course free to use the access however he wishes as long as he doesn't obstruct access by the public.  I assume they have planning for the hardsurfacing?

Obviously if the landowner has spent the money on the road for access to a golf club and quarry, I can understand their concern with a third party putting wear and tear on it, perhaps causing an obstruction, dragging mud onto it from your land if you were to use it.  Consider this and perhaps approach them to alleviate any concerns - perhaps you have or can put down a hardstanding within your land with a setback gate so you can pull straight in without causing an obstruction whilst you have to open a gate to get off the track.  Assure them that you will not take a muddy vehicle from you land onto their track.  And perhaps offer to pay them an annual sum towards the maintenance of their track for use of it.  We have a septic tank on the neighbours land and the deeds give us right of access but also state we are liable for reinstating any damage caused.  Perhaps you will need to sign an undertaking that if say you have a large vehicle come down and cause any damage that it will be fixed promptly at your cost.  Or I guess you can walk down the road with an aquaroll quite legitimately.

[elegantstorm]

I would look to the length of use the land enjoyed both in your ownership and obtain affidavits from previous owners occupiers for the longer periods. Instruct solicitor to review the deeds and plans and cross check the vendors docs in response to access questions within the standard enquiries. Then will all your info to hand you can make the relevant legal challenge based on fact. I would have thought on first glance at the info you supply you have a very good case for continued use

 

If when the land was sold off there was a right of access it would be in the deeds.  It's common to sell land that was part of a farm and the access gate between fields is still there - well it would cost money to replace it with a bit of post and rail!  We've two old gateways going back decades to adjacent fields