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Legal Private Rights of Way...

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  • Legal Private Rights of Way...

    Hi all, Hope I am in the right place.
    We live on what used to be a working farm, now a working livery yard. We are 4 houses.
    To access our properties, we have a single track road, which going from the properties is about quarter mile long, veering off to the right, crossing over a main road by a small bridge, then a dogs hind leg of a single track for about half a mile to the nearest main road.
    The Council granted permission for a factory on the last remaining top fields halfway up the first part of the single track. We opposed and lost, surprise, surprise. Anyway, they have now given retrospective permission for another factory on the last remaining field, access to this field is over our track.
    We have opposed this as they wanted to put a massive 5 arm roundabout on single track so they could access factory to factory. We have told them, no way, they cannot do anything to our legal private right of way, without our permission, which we have not granted. This is now with their City Solicitor and nothing has happened for two years.
    They are now trying to do the same with on our continuation of private right of way, over the bridge. Having granted persmission for yet more factories etc giving no thought to our rights.
    We have again opposed this and told them they have no legal right to , move, alter or add to our Private Legal Right of Way.
    To be honest, we are sick to death of the Councils bully boy tactics and total disregard for the residents of our area.
    We have been told, they can do nothing without are permission and the right of way is classed as a "Ransom Strip"
    Can anyone please shed any light of how to fight the Council and explain what this "Ransom Strip" is all about please.
    Many thanks for any replies and apologies for the long post :confused2:

  • #2
    Re: Legal Private Rights of Way...

    Ok so it's your right of way, so therefore you own this Ransom Strip? Is that correct?

    Comment


    • #3
      Re: Legal Private Rights of Way...

      Hi Amy,

      We own the private rights of way over this land, not the land. The land is common ground as far as I know. My deeds show our right of way over this land in the form of a single track, which the 4 houses all share.
      ------------------------------- merged -------------------------------
      Oh and it is our only way in and out of our properties.
      Last edited by Leeloo; 12th October 2010, 17:37:PM. Reason: Automerged Doublepost

      Comment


      • #4
        Re: Legal Private Rights of Way...

        I don't really understand the problem to be frank because if you do own the access rights, as you say, then this is your ransom strip and it is aptly named.

        Comment


        • #5
          Re: Legal Private Rights of Way...

          Thanks Amy. We do own the access rights according to our Deeds. Looks like the Council are onto a losing battle.
          The Council had succeeded in putting a small doubt in my mind, with their threats of stopping up notices and the like. Also saying, that the builder who wants to build his latest factory could actually move our right of way or put his roundabout on it, without our permission. You have confirmed this is not the case.
          Thank you for your time

          Comment


          • #6
            Re: Legal Private Rights of Way...

            Just found this, which confirms Amy's helpful post:
            Easements and Covenants: Another way that a ransom can occur is an easement which grants another party permanent rights over the land, regardless of ownership — for instance, rights of way. A wayleave is similar to an easement but it applies to allow services to run on or under land and is a temporary right, subject to payment. In other words, an easement is in effect a permanent wayleave.
            The letters we have had from the builder saying, they will just put a roundabout on is groundless. They can't do a thing.
            This is such a relief as we were really worried that we had no legal rights at all.

            Comment


            • #7
              Re: Legal Private Rights of Way...

              Update:
              The Council have ordered Town and Country Planning Act 1990 Section 257, Public Path Stopping Up Order 2009, submitted to the Secretary of State. An Inspector is to be appointed by the Secretary of State to determine the Order. Consideration of the Order will take the form of a public local inquiry.
              Their argument is, the 5 arm roundabout, they want to site on our single track to and from of our properties, will not alter, move or add to our legal private right of way!!!!! Of course it will!!
              We are attending the meeting and are apprehensive as we have never had any experience of anything like this. We are aware of the status of ransom strip, the Council appears to think this is insignificant and can ignore this. It appears to be making a mockery of the law, if whilst purchasing a property and getting my Solicitor to check deeds etc and having maps showing legal private rights of way, the Council can just ignore them.
              Any advice would be gratefully received. Many thanks

              Comment


              • #8
                Re: Legal Private Rights of Way...

                Hi,
                Can you tell me who owns the land you have a right of way over. If the owner makes your use of your rights harder to exercise then they could be breaching your right. You would need to show that they action would make is harder to exercise your right.

                Hope this helps.

                Comment

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