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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 30896
Experience:  Over 5 years in practice
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I have a right of way over a driveway owned by a farmer

Customer Question

Hi, I have a right of way over a driveway owned by a farmer which leads into an agricultural field. The driveway divides my property and is 4 feet from my bedroom window a and inches from my back door and patio. The owner of the driveway also has a right of way which is limited to foot or vehicle traffic for the title holder and his successors in title. The driveway is rarely used (once every 2 years for maintenance and emergency purposes) as there is another access 200m along the lane. However, the owner is now allowing her sister to use this access and also to park outside our back door up to 4 times a week. The council have enforced against Hardstanding and various other activities. Can I stop the sister using this access and parking so close to our property? We have low fences so effectively all our privacy has now gone and we feel uncomfortable sitting in our garden. The land has no permitted development rights and has an agricultural classification.
Submitted: 8 months ago.
Category: Law
Customer: replied 8 months ago.
(Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Live Phone Call. Let me know if you need more information, or send me the service offer(s) so we can proceed.
Expert:  LondonlawyerJ replied 8 months ago.
Hello, I am a solicitor with 20 years experience. I will try to answer this for you. Is she parking on your land or his?
Customer: replied 8 months ago.
No, in an agricultural field next to our house in a position that is directly next to our back door and patio area. Literally less than a foot away.
Customer: replied 8 months ago.
On her sisters land
Customer: replied 8 months ago.
The issue is that whilst the farmer owns the driveway, the deeds state only that the title holder and the successors in title can use the driveway and access the field. So my question is, can the title holders sister use the access and once accessed can the sister park her vehicle on agricultural land owned by them when the council has enforced against a hard standing parking bay in the field. The area in which they are parking is directly next to our garden with complete view into our home. We feel unable to sit on our patio because someone has parked their vehicle next to it in a beautiful agricultural field and are constantly walking up and down our boundary causing an infringement of privacy and preventing the normal enjoyment of our home. We are being intimidated by their presence in the field and they have requested money from us to use an alternative access as they say they can do what they like. The council have stopped an ornamental garden development and a parking bay in the field to date but we are looking to prevent the use of the access by the sister as a third party and the prevention of parking in the field which they own as it is a change if use? Thanks
Expert:  LondonlawyerJ replied 8 months ago.
I am a solicitor in private practice, like most of the lawyers on this site, and unfortunately there has been an urgent development in one of my cases which means that I will not be able to spend time helping you any further with this. I will therefore opt out and leave it for another expert to assist you.
Customer: replied 8 months ago.
Thank you. If the right of way can be extended to the sister we would then like to to confirm if there are grounds for us to claim that it is a change of the intended purpose of the access given that an alternative access is available a short distance away and precedent over 15 years proves occasional access at best, ***** ***** the council has enforced against parking and various other activities they are using the access to facilitate.
Expert:  Nicola-mod replied 8 months ago.
Hello,
It seems the professional has left this conversation. This happens occasionally, and it's usually because the professional thinks that someone else might be a better match for your question. I've been working hard to find a new professional to assist you with your question, but sometimes finding the right professional can take a little longer than expected.
I wonder whether you're OK with continuing to wait for an answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question for you.
Thank you!
Nicola
Customer: replied 8 months ago.
Hello,I think I will cancel thank you. Please arrange for a full refund and delete all details of my payment method from your records. Please let me know when this is done
Customer: replied 8 months ago.
Hello I still haven't had a response or confirmation of my refund. Please reply
Expert:  Nicola-mod replied 8 months ago.
Hello,
I will process the refund now for you.
Thank you,
Nicola

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