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tdlawyer
tdlawyer, Lawyer
Category: Law
Satisfied Customers: 1096
Experience:  11 years experience of general practice.
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We own a lane which has a right of access to the local farmer

Customer Question

We own a lane which has a right of access to the local farmer for pedestrian and vehicle. Which was granted to him when a previous owner of our property sold land. Another retired farmer has access over part of the lane, but does not use it and has given the access to her son who farms another farm but uses her land. This lane is our only access to our property.
We want this lane to be kept nice. However both farmers drive heavy farm machinery along the lane causing damage and dropping mess from their slurry trailers, to the extent that we can no longer walk along the lane without stout footwear or wellingtons.
Is their anything we can do to prevent damage to the lane and stop them creating such a mess. We have asked them to be reasonable and clear up the mess and mend the road, but with no joy.
1. The first farmers employees do the damage as he is a gentleman farmer.
2. The second retired farmers son uses the access not the person who was granted the right of way. As it clearly identifies the property who's owner has the rights. The son owns a dairy farm down the road to marches his cows daily across the access of our lane.
Submitted: 3 years ago.
Category: Law
Expert:  tdlawyer replied 3 years ago.

tdlawyer :

Hello, thank you for your question. My name is XXXXX XXXXX I can assist you with this.

tdlawyer :

It is a very different thing to have rights-of-way over somebody else's property, then it is to cause damage to that particular piece of property.

tdlawyer :

A rights-of-way does not give a right to cause damage. Therefore, anybody exercising a right of way, that causes damage along that right-of-way (to the true owners land) must rectify it or pay the costs of rectifying it.

tdlawyer :

The same principle applies to causing a mess on it, in that that may amount to a common law nuisance, which is in no way hindered by the fact that they have the right to cross the land.

tdlawyer :

You could, therefore, bring an action in respect of any damage, and secondly bring an action nuisance in relation to any mess that is caused.

tdlawyer :

I see you have rated bad service and as yet, you have not engaged with me. Can I ask why you think the service is bad please?

tdlawyer and other Law Specialists are ready to help you
Expert:  tdlawyer replied 3 years ago.
Hello?
Customer: replied 3 years ago.
Sorry I replied a poor because your response did not appear until I rated you!!
I am willing to change this but need to know can I revoke the access based on the grounds that the machinery at the time of the grant was not as large as it is today and therefore would not have done damage. Also one of the users does not have the grant, his mother who lives in the property does.
We want to go down the least disruptive route as these are our neighbours. But need to geed satisfaction based on our ownership and what is reasonable. We pay regularly to have the lane mended and cleaned, but when we ask for payment, it is not forthcoming
Expert:  tdlawyer replied 3 years ago.

I thought there might have been a techincal problem, so thank you for clarifying that.

As to whether you can revoke the grant for this reason - no. You cannot. However, it might be that when properly construed by what the meaning/intention of the grant was, that it does not cover the types of machinery now being used. This might be a tenuous argument, but it comes down to what is actually written into the terms of the grant itslef.

The grant is generally benefitting the landowner, not any particular person, but needless to say, should only be used by those owning the land (or lawfully in possession of it). In your case, he will probably just say that he is doing this for him mother, who has requested him to do so - which is likely to be a good enough answer to this.

Your better route to resolving this is likely to be to treat the damage/nuisance separately and insist on them making good any damage and/or not causing mess.

Tony

Customer: replied 3 years ago.
The title deed states that only the first farmer has: a right of way for the transferee and her successors in title with or without animals and vehicles at all times over and along the lane. The second farmer (mother )who has rights in the same title state. ' such rights of way as are now enjoyed by the owner of the property to the south west over the entrance lane.' There is a clause in the title to say both have to pay within 28 days of demand a fair proportion of the repair and maintainance costs.
1. Presumably if no such payment is received after 28 days then legal action can be taken. However can I temporarily revoke access until payment received?
Expert:  tdlawyer replied 3 years ago.

Technically, no payment does not entitle you to remove access, you just have to sue for outstanding money due to you. You could just withdraw it anyway, and then you have a claim against them as they would again you - so you would claim against each other.

If you did this then you would hope that there would be a quick deal to be done as you would both be right in brining your claims.

Tony