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Aston Lawyer
Aston Lawyer, Solicitor
Category: Law
Satisfied Customers: 10176
Experience:  Solicitor LLB (Hons) 23 years of experience in Conveyancing and Property Law
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We have a small farm in lanchester, through it runs a bridal

Customer Question

We have a small farm in lanchester, through it runs a bridal way that leads to another house and now large livery yard. That property has no legal right of access to it(the only way to get to it is along the bridal way). The people who bought it two and a half years ago have built it upp to be a large equestrian centre. The traffic through our land and passed our house (some times more than 300 cars pass per day) from 5.15 am till 10.30 pm has caused damage to our land and much anguish to ourselves. If they have no legal access to there premises, is it legal for them to create a large business and if the answer is no then how can we stop them? Please any help you could give me would be greatly appreciated.
Thank you
XXXXX XXXXX
Submitted: 3 years ago.
Category: Law
Expert:  Aston Lawyer replied 3 years ago.

 

Hi there,

 

Thaks for your enquiry.

 

So that I can answer you fully, could you please confirm the following;-

 

1, So, the only means of access from any road to the livery road is along the bridal way running through your Property?

 

2. How long has this other house/livery yard been there and how long have the owners used the bridleway?

 

I look forward to hearing from you.

 

Kind Regards

AL

Customer: replied 3 years ago.


The house which used to be one house now divided into 3 houses had a small yard for training race horses which then turned into a livery yard,it been running that way for around 20 years with the previous owners. Two and a half years ago it was bought by new people who around 2 years ago changed it to an equestrian centre, doubled its capacity causing an increase in traffic by over 50%.


The bridal path is the only access via road.

Expert:  Aston Lawyer replied 3 years ago.

 

Hi again,

 

Thanks for your reply.

 

The legal position is as follows- If the property has been using the bridleway for 20 years or more, then the property has acquired a "right by prescription" if the present or previous owners of it have exercised the right without interruption or dispute from you. If this is the case, it does mean that the property has acquired a legal right to use the bridleway.

 

I'm afraid therefore, that it appears there is little you can do to stop them from using the bridleway.

 

However, the owners of the property have an implied obligation to contribute towards the cost of the upkeep of the bridleway. It is easy for me to say this, but in practice, you are going to have to try and negotiate and request payment from them for any maintenance costs that are required.

 

I hope this answers your question, and if so, I would be grateful if you could leave positive feedback.

 

Kind Regards

AL

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