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Aston Lawyer
Aston Lawyer, Solicitor
Category: Property Law
Satisfied Customers: 10451
Experience:  LLB(HONS) 23 years of experience in dealing with Conveyancing and Property Law
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I live on a farm that has three properties on it. the Barn,The

Resolved Question:

I live on a farm that has three properties on it.
the Barn,The farmhouse and me in the cottage.
All three properties are accessed by one track in and out same route.
We all drive down the track to access are property. I pass the barn first then the farmhouse and then me at the end.
The owner of the farmhouse owns just about all the access track apart from outside my property and outside the front of the Barn.
In front of my property that's my parking in front of the Barn that's where the problem is.
The owner of the barn has built a huge garden in front of his property and is walled off with a large drystone wall.
So where I used to drive down is now his huge garden and new parking area.
Now to be fair I still have access down a new created track and have no problem accessing my property.
So if you can imagine this huge access area which was the old original farm yard is now his garden.
The problem is the new access drive now uses a small part of my other neighbours land.
I have a title plan showing where I can pass and repass at all times with and without a car.
So according to my title and register I am driving and walking through the Barns garden,but don't have a right to go over my other neighbours (farmhouse) land.
The owner of the barn is moving selling his house. Can he just go without updating everything first. Does he need my help to sort it?
Submitted: 3 years ago.
Category: Property Law
Expert:  Aston Lawyer replied 3 years ago.
Hello and thanks for using Just Answer.

I am Al and am happy to assist you with your enquiry.

Just so I am clear, could you just confirm that you don't have a full right of way of the "new" access (being the farmhouse land) and what exactly has the Barn owner said to you as regards ***** ***** your right of way over the former farm yard?

I look forward to hearing from you.

AL
Customer: replied 3 years ago.
Hi

I have a full right of way over the original access now garden area but on my title plan I don't have a full right of way over this area of the new track.
The owner of the Barn doesn't think he has done anything wrong due to the new access track been created.
I don't have a problem accessing my property I do know that.
But my title plan is not correct now with him moving the boundaries

Thanks
Darren
Expert:  Aston Lawyer replied 3 years ago.

Hi Darren,

Thanks for clarifying.

Well, if your Deeds do grant you a pedestrian and vehicular right of way over (ROW) the Barn's land, you are entitled to exercise this right forever. The fact that the Barn's owner has "created" or asked you to use an alternative ROW does not detract from this right.

If an owner of a ROW prevents a party from exercising their ROW, then they are of course in breach of their obligations.
The party affected has 2 main heads of claim-
1. Requesting that the ROW be reinstated, by obtaining an Injunction within Court proceedings.
2. Claiming damages for the loss in value of their property due to the reason that the ROW can not be exercised. This is something you do need to consider as and when you come to sell, in that if you have no full legal ROW over the new access, this could cause a major problem.

Court proceedings are of course going to be very expensive and have to be the last resort. The saving grace is that the Barn's owner is selling and you can certainly put a spanner in the works as a Buyer would not normally wish to complete a Purchase if a dispute is ongoing.

I therefore suggest that you write to the Barn owner setting out your rights/concerns as well as sending a copy to his Estate Agents. Both will then be under a duty to inform any Buyer of the dispute.
Hopefully, the Barn's Solicitor will advise him accordingly, and reinstate the ROW over his land.

I hope this answers your question and sets out the legal position to you.

Kind Regards
AL
Expert:  Aston Lawyer replied 3 years ago.

Hi Darren,

Can I be of any more assistance?

Kind Regards
AL
Customer: replied 3 years ago.
Hi

Thank you for your advice.
Unfortunately the owner of the Barn has not gone through any estate agents.
It looks like some kind of private sale.
We only know he is selling because we found out by accident from some friends of ours who know the new buyers.
The owner of the Barn does not want anyone to know what's going on.
He doesn't know that we know he is selling.
Would it be possible for him to get away with this or would the potential new buyers solicitor find this out anyway?

Thank you
Darren
Expert:  Aston Lawyer replied 3 years ago.

Hi Darren,

Whenever you sell a property, your Solicitor will ask you to complete a Property Information Form, and one of the questions on the form asks "Are you aware of any dispute concerning the property?".
If the Barn owner lies and says No, then the Buyers can sue him for misrepresentation.

The Buyers Solicitor is not likely to get to know of any dispute unless disclosed in the Property Information Form or is notified by his clients.

I would, therefore, suggest that you have a discreet word with your friend as I am sure he won't want the new buyers to take on a property with a problem.

As I have said, the Barn owner should disclose any correspondence or dispute he is aware of, so I would still suggest that you write to him.

I hope this helps.

Kind Regards
AL
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