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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70180
Experience:  Over 5 years in practice
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What rights does a person have, when he/she has a right of

Resolved Question:

What rights does a person have, when he/she has a right of way through ones property.
For example can they come through with trucks, cars, tractors etc.
Submitted: 2 years ago.
Category: Law
Expert:  Jo C. replied 2 years ago.
Hi.
Thank you for your question. My name is ***** ***** I will try to help with this.
-Could you explain your situation a little more?
Customer: replied 2 years ago.

My property is situated near neighbours farm yard, but he has a right of

way at the one end of my front lawn, which was arranged by previous

owner.

Customer: replied 2 years ago.

What type of information?

Expert:  Jo C. replied 2 years ago.
What is the exact wording noted in the deeds?
What is the problem with this?
Customer: replied 2 years ago.

I do not have the deeds at hand and I have not seen any wording related

to this.

The problem is, I want to use the area in question, to grow vegetables etc.

Expert:  Jo C. replied 2 years ago.
If there is no mention of this in the deeds the neighbour acquires the right to use it under the Prescription Act after 20 years.
If it has been used as long as anyone can remember, then he also acquires the right to use it under the doctrine of "lost modern grant" which basically says that it has been used for so long that it must've been granted in the deed but the deed has long since been lost.
That applies to foot traffic and bicycles and a handcart et cetera
He cannot acquire vehicle rights however under the Prescription Act although he can acquire the right for vehicles where he has to pay for it as a compulsory purchase.
He doesn't buy the land, he only buys the right to take vehicles over it.
In effect, he has to pay you compensation for the right to drive over this land.
If you simply block the area off he is then going to have to take you to court either to get you to unblock it or to have the extent of his right determined by the court.
The outcome would depend on what was in the deeds and what proof he has of long use.
If you have house insurance, it would be worthwhile looking to see if you have legal expenses cover that would pay for the legal costs of any dispute.
One final point and that is that even if he has acquired these rights he is not allowed to cause damage or nuisance and if he does cause damage he is liable to put the damage right. If any of the area requires maintenance such as a path et cetera he is responsible to pay for maintenance in proportion to the amount of use.
Can I clarify anything for you?
Jo
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