Right of way problem

[wurzleman]

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.

[Crazy council]

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 ).