Access Route Rights Private Lane

[christy76]

Hi Everyone

I have an issue with a private lane and need some advice

There is an historical lane that runs between me and my neighbour which hadn't been used for the last 30 years, me and my neighbour have cleaned up the lane so we can do our fencing and the boundary between me and my neighbour is the middle of the lane shown on land registry ( between us we own the lane on the deeds)

After the lane had been cleaned we have been approached by another person who states he has a field in the land and he's thinking of building a house

The problem is he states me and my neighbours trees and pillars are in his way and he will be knocking them down whether we like it or not, he has also stated that he will be adding about 12" of stones to the lane as its quite muddy which would leave me and my neighbours fence covered in stone

The lane is about 80m long and I was wondering is this legal to do what has been proposed, there is no burdens on our deeds to show any right of way

he's claiming his great grandad walked the lane 100 years ago. the man in question has only owned the piece of land since 2015

I'm afraid to say anything until I get my facts right

[R0b]

Hello
It would be helpful if you could share the plan where the private lane is described along with the relevant parts of the title that refer to the land as being shared and any other references to the shared lane.

There seems to be several issues that may need to be addressed:

1. If the lane is private owned and shared ownership is between you and your neighbour, I don't see how the third party can simply claim to do as he intends without permission from yourself and your neighbour.

2. Rights of way can be acquired over a lengthy period of time if there has been no objection raised. So if the third party and his ancestors have walked along that lane to get access to the field for more than a period of 20 years and nobody has objected to that, then there could be an acquired right of way over the lane to access the field at the end. That does not, however, extend to the third party making landscaping changes to the lane of his own volition because an acquired right of way will be specific.

Of course it will be up to the third party to prove that the acquired right of way will have been achieved with evidence. Simply saying that his great grandad walked the lane 100 years ago proves absolutely nothing. His great grandad could have walked the lane for 5 days, 5 months or 5 years and the neighbours at the time could have objected to that which would have revoked any acquired right of way. An acquired right of way typically requires continuous use doing the same thing over a 20 year period.

3. I'm not sure how aggressive this third party is, but if you object to what he is planning to do then I would suggest initially, if you know the man and his address then you and your neighbour should write to him (maybe a joint letter):

a. Setting out the background and ownership of the private lane e.g. that according to the title deeds, you and your neighbour own that private lane and there is no rights of way.

b. The third party has not requested, but dictated that he intends to do XYZ on the land. To do such a thing and since there is no right of way or legal right for him in the deeds to carry out those intentions to the private lane, he requires yours and your neighbour's consent. You should state that consent is not given or if you might want to give consent, you could say you may be open to consent subject to certain conditions being met and the consent and those conditions being formalised in a written agreement.

c. As to his claim that his grandad walked the lane 100 years ago, that does not prove that he has a right of way nor does it grant him the right to make alternations to the lane without the consent of you or your neighbour. If he has evidence that he wishes to share that proves this, then please supply copies so you can consider your options.

4. Finally round off by reaffirming that he does not have right of way nor does he have permission to alter the landscaping of the lane from soil/mud to stones without your consent and removing your fence in the process. If he proceeds with these intentions then you will have no choice but to seek legal advice with the intention of obtaining an injunction against him as well as compensation for any damage caused to the fence and/or to reverse any changes made to the lane.

The important thing is that you and your neighbour need to object to this as soon as possible. Doing it after the works have been completed can get more complicated and would not be a good look. If you are really concerned about writing the letter yourself then you may want to consult a property litigation lawyer to draft a letter on you and your neighbour's behalf - however I would warn you that getting lawyers immediately involved can turn things sour very quickly. An informal approach is usually the best starting point.

Going to tag atticus for comment in case there's anything I have missed

[atticus]

when did you and the neighbour annex part of the lane?

To add to what R0b has said, you and your neighbour may need to seek an injunction to prevent this third party doing the proposed work.

[atticus]

Further thoughts: the existence of a lane, particularly if it extends beyond the limits of your land, may well imply the existence of a right of way.

Is there any other access to the field in question?

If he has a right of way, he may not have the right to resurface the lane.

I think that you and your neighbour should be taking legal advice.

[atticus]

Is this the property in the Republic of Ireland which was subject of your 2021 thread? If so, I will not be able to comment further.

(cc R0b )