How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Ash Your Own Question
Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
75100385
Type Your Law Question Here...
Ash is online now

There can you assist please, My property at the rear is

Resolved Question:

Hi There can you assist please, My property at the rear is adjoined to a private farm road, I have to use this road to have my Septic Tank emptied and have my fuel delivered for household heating( once a year) .The farmer has told me i can't use the road as it is a private farm road, when i queried about how do i get my fuel delivered and Sceptic tank emptied, he replied, " thats not my problem", Further to this there is 3 other properties on this road which are privately owned, but they can use the road for fuel and tank emptying without a problem advice please
regards
William
Submitted: 1 year ago.
Category: Law
Expert:  Ash replied 1 year ago.
Hello my name is ***** ***** I will help you.How long has this road been used for please, over the years by you and your neighbours?Alex
Customer: replied 1 year ago.
20 + years
Customer: replied 1 year ago.
the other 3 properties one is owned by the farm, the other 2 were sold to private individuals
Expert:  Ash replied 1 year ago.
Ok, then you have a prescriptive right to use the road as per the Prescription Act 1832. You gain this right after 20 years and if its more than 40 years it becomes absolute.You should get a Solicitor to write and ask that they allow you to use it again or say you will go to Court. If they refuse then you can issue proceedings, you would use form N1:http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n001-eng.pdfAnd N16ahttp://hmctsformfinder.justice.gov.uk/courtfinder/forms/n016a-eng.pdfThe Court would list the matter down for hearing and decide whether to make an order allowing access. If the Court does and the farmer still doesnt let you, this may be contempt of Court which he could be warned, fined or sent to prisonCan I clarify anything for you about this today please?Alex
Ash and 3 other Law Specialists are ready to help you
Customer: replied 1 year ago.
thank you for your advice, i will do as you say