Private Lane

[Guest]

Hi all. I wonder if anyone can advise me on this matter. We have use of a private lane to get to our property (mobile home park). The lane and land either side is owned by the farmer. Since moving here he hasn't maintained the lane and in not doing so it has begun to be full of deep potholes which are impossible to avoid. In the 4 years we have been here we have had to have 3 new tyres which are not cheap costing £115 + vat and now it has caused our rear shock absorber to be replaced. All this damage has been caused by the lane. As most residents in the park are over 65 it is also a nightmare to walk along the lane without walking in the holes. 2 residents have already had a fall and both being in their 70s. What i really want to know is, is he liable for any damage to the cars as the lane is his and his refusing to keep up any repairs. Many thanks

[des8]

It all depends on how you have the right to use that lane.
If it is a public right of way the landowner is generally responsible for its upkeep.
If it is a private right of way and the easement is silent on the matter of maintenance it is usual for both the owner of the land and those who have the right to use it to contribute to its maintenance

You need to research the easement (starting point is land register for the lane & the park..Search for property information from HM Land Registry - GOV.UK (www.gov.uk)
and local authorities register of public roads and footpaths