• Welcome to the LegalBeagles Consumer and Legal Forum.
    Please Register to get the most out of the forum. Registration is free and only needs a username and email address.
    REGISTER
    Please do not post your full name, reference numbers or any identifiable details on the forum.

Right of way problem

Collapse
Loading...
X
  • Filter
  • Time
  • Show
Clear All
new posts

  • Right of way problem

    This may get a bit convoluted. I have been using a solicitor but I really have lost any confidence that he knows what he is doing.


    Somebody (let’s call him A) is claiming a prescriptive right of way over part of my drive to access a track over somebody else’s (call him B) property which then leads to A’s tumbledown sheds. Those sheds are accessible by A from the opposite direction but with a long detour. A wants to develop the sheds so intensifying the access over my drive.


    Our neighbour B has already proved that there is no documented right of way and has managed to produce evidence that he told A over 25 years ago that he had no right of way and had often stopped him using it. However, I have no such evidence of him being stopped using my drive because I have only been here 3 years and, to be honest, I am not here during the day to see or stop him using it.


    I need to protect my position independently of what happens between A and B, in case they do a deal. The question is: if A can be proved to have had no historic legal right of way over B’s track, does that mean that his use of my drive to access the track is equally illegal and cannot constitute a prescriptive right?


    Any advice would be welcome.
    Tags: None

  • #2
    Re: Right of way problem

    hi

    With your property purchase you should have got a pack that shows any sections in teh deads that lead to right of ways over yuor land.

    It would be unusual under teh curcs you mention. Is his highway acsess from the other direction, or does he even have a highway acsess, anyhow, start with teh deeds adn look for any coverenats within them,

    Depending on how old the property/deeds/land is , some of teh rights of way can be deminished ( removed ).
    crazy council ( as in local council,NELC ) as a member of the public, i don't get mad, i get even

    Comment

    View our Terms and Conditions

    LegalBeagles Group uses cookies to enhance your browsing experience and to create a secure and effective website. By using this website, you are consenting to such use.To find out more and learn how to manage cookies please read our Cookie and Privacy Policy.

    If you would like to opt in, or out, of receiving news and marketing from LegalBeagles Group Ltd you can amend your settings at any time here.


    If you would like to cancel your registration please Contact Us. We will delete your user details on request, however, any previously posted user content will remain on the site with your username removed and 'Guest' inserted.
    Working...
    X