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Not yet but he has written to us in the past and threatened to either force us to remove the material or to remove it himself and then send us a bill.
Ifhe does that, and undoes your repairs, even though he may not have wanted thatthe repairs done in the first place, it is criminal damage and is a policematter.
Yourefer to dominant owner and Servient and owner, I think you mean tenant ratherthan owner.
Presumably,the situation is that somebody else owns the land and you have the right overit.
Canwe have the full background please? What exactly is the wording in your deeds?
Have solicitors written or has he written on his own ?
I need as much detail as possible please.
Bear With me over weekend because I will be online and off-line
The situation is, as you suggest, that someobody else owns the land but I have the benefit of a right of way over it - with or without vehicles.
I don't have the deeds in my possession so am unsure as to the exact wording. I believe that there is no specific wording regarding maintenance and repair other than the fact that I am required to contribute a fair proportion towards the cost. There is certainly no mention of anyone actually being responsible for carrying out the repairs.
The letters have not come from a solicitor - they have been personal letters.
There is no real background to this. There have never been any bad relations between us and we are always pleasant and courteous to each other if our paths cross. He does, however, have a reputation for issuing these kinds of complaints whenever any remedial works are carried out on his property, by me or by others, and will always find fault with either workmanship or materials.
I don't believe he objects to the repairs being carried out BUT he wants to specify method and materials, even though he makes absolutely no financial contribution, and will threaten to 'undo' any repairs which fail to meet his 'standards'.
The important question here is - does he have the right to place conditions on the manner in which repairs are carried out?
The liability to repair does not have to be in the deeds. There isa legal doctrine of mutual benefit and burden whereby each person who uses theright of way, pays for maintenance in proportion to the amount of the use. Hemay own the right of way, but he be does not use it, he has no liability torepair it.
The legal situation is that repairs have to be carried out in aworkmanlike manner. Please note, these are repairs not a complete resurfacingjob to make the track better than it was before. Assuming you stuff tarmac intosome of the holes, if he then decides to remove it (it would appear to be theactions of an idiot!) On the basis that it has not been stuffed in the holes tohis liking (I am certain that a bad repair is better than no repair at all), thenhis disruption of your (even) half-hearted repair is criminal damage.
With regard to the repairs. He can only specify anything providedwhat specifies is reasonable.
Can I help further?
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Could I just clarify another point regarding trees and shrubs at the side of the track. He has planted a large number of trees and shrubs alongside the edge of the track - in some places only about 1 metre from the edge. These trees are now getting bigger and some of the branches are beginning to hang over the track. Over a period of time, if not cut back, they will clearly obstruct the passage of vehicles.
Do we have the right to cut back any overhanging vegetation in order to maintain free passage along the right of way or would this be classed as criminal damage?
As they dont overhang a boundary they are not trespassing BUt they are an interference with your right. I would simply tell him that you intend to cut them on X date and he should let you know if he has any problem with it?
If he doesnt he cannot then alleage criminal damage.