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LondonlawyerJ
LondonlawyerJ, Advocate
Category: Law
Satisfied Customers: 803
Experience:  Solicitor with over 15 years experience.
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Hi, we have a right of way to our property over a track that

Customer Question

Hi, we have a right of way to our property over a track that is owned by a neighbouring farmer. over a period of time rainwater running down the track has meant that there ia an accumulation of mud at our gate (over 12 inches deep). this is because just outside our property is a dip. we have asked them if we can build up the surface at our cost to prevent the build up of mud, they have refused to let us do so and wont do it themslelves (they are not obliged to repair in the right of way). what recourse do we now have?
Submitted: 2 years ago.
Category: Law
Expert:  LondonlawyerJ replied 2 years ago.
Customer:

Hello I am a soclicitor with 20 years experience. I will try to help you with this.

Customer:

It might be thay you wild have claim in nuisance or negligence against him but he might wellowuel amost ertaiy allegale that the accunulatin is caused by your use of the easement.

Customer:

Aoplgies fro typing on last message. Would there be any justification in your neighbour alleging this?

JACUSTOMER-x629tr83- :

hi, thanks. we only use the track a couple of times a day for access and the postman uses it etc. they use it for tractors and farm machinary to access their fields. the main accumulation is a result of run off from their fields and run off from the road at the end of the track.

Customer:

how to you cross it?

JACUSTOMER-x629tr83- :

we dont cross it as it leads to our property

Customer:

I meant how do you travel along it: walking? driving?

JACUSTOMER-x629tr83- :

Oh sorry mainly driving sometimes on horesback sometimes walking

Customer:

The basic position is that if the neighbour is using his land in a way that leads to damage to your land (eg through flooding and mud) then you might have an action against him for in negligence or nuisance. It my well be hard to quantify the damage though. Courts generally order damages to try and put the wounded party in the position they were in before the wrong doing. So yu might be entitled to compensation for the cost of repairs. However the likelihood of success is hard to determine. He may be able to argue it is your fault or that this is the nature of the land you purchased and you should have found out in advance.

Customer:

I short I think this may well not be a suitable case for litigation. Litigation might also amount to a declaration of war on your neighbour with unpredictable consequences. Is there a solution to this that you can put on your land?