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F E Smith
F E Smith, Advocate
Category: Law
Satisfied Customers: 9325
Experience:  I have been practising for 30 years.
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Sorry I do not have deeds to hand,they are lodged with my

Resolved Question:

Sorry I do not have deeds to hand,they are lodged with my solicitor.As mentioned I have lived here for 43 years and the track is the only vehicular access to my house .Thanks Sue
Submitted: 1 year ago.
Category: Law
Expert:  F E Smith replied 1 year ago.
In the absence of the deeds, I will answer this as far as I am able but bear in mind that they may be other provisions in the deeds. It’s unlikely that the situation in the deeds is less than I am about to tell you.You have a right-of-way over the track which may or may not be documented. The liability to repair the track may also may not be documented.Notwithstanding any documented right liability, you have used the track for 43 years regardless of whether there is any provision for you to pay for repairs and that noted in the deeds, then there is a legal doctrine of Mutual Benefit in the Burden. The Doctrine is that if you have the benefit of using something, then you have the burden of maintaining and repairing it in proportion to your use.Therefore, if you only use half of the track you would be responsible for half of repair costs.If you use it once per day in a car and the other person uses it 50 times per day with commercial vehicles, your liability would be a fraction of the total cost.You are therefore liable for a contribution to the cost of the repair it depends whether the £2000 that you’ve been asked for is a fair and reasonable proportion or whether he is trying to get you to pay all of the cost or a substantial chunk of it.Can I clarify anything for you?Please don’t forget to rate the service positive. It’s an important part of the process by which experts get paid.Best wishesFES
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Customer: replied 1 year ago.
Thanks for that,it clarify's things.I am being asked for half the cost,but I still think he should have cleared it with me before spending the money!
Expert:  F E Smith replied 1 year ago.
He should have asked but there is no statutory liability to do so. I suggest give him £100 per month and ignore any protestations
Customer: replied 1 year ago.
OK I'll do that.Thanks for the advice sue
Expert:  F E Smith replied 1 year ago.
I am glad to have helped. Best wishes

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