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JGM
JGM, Solicitor
Category: Property Law
Satisfied Customers: 11154
Experience:  30 years experience in property law.
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I live at the end of a long private farm track, each property

Resolved Question:

I live at the end of a long private farm track, each property along the track owns a small section and I have a right of way along the entire track.
In order to reach my property I need to negotiate a very tight left hand bend and the only way to do this with a trailer in tow is to make use a 'turning area' - a widened area of track which allows long vehicles to swing round.
New owners have decided that they wish to build stone walls around the edge of this turning area thereby reducing the available space. The purpose of this, I believe, is to try to prevent any damage to verges by large farm vehicles. However, in reducing the available area they are going to make it impossible to negotiate this bend with a long vehicle.
Does this constitute interference with a lawful right of way? And if so, what should my next course of action be.
Submitted: 2 years ago.
Category: Property Law
Expert:  JGM replied 2 years ago.
Thanks for your question. If you have a right of access along the farm track and there is an existing turning area which forms part of that, then the new owners have no right to interfere with your use of that.
Your next stage is to ask them not to do this, preferably in the form of a letter from your solicitor. Your ultimate remedy is to seek a court order.
Customer: replied 2 years ago.
The actual width / size of the track and turning area is not specified in any deeds as far as I am aware. The only thing that is specified is the fact that I have a right of way at all times with any vehicles.
Does the fact that there is no actual definition of the extent of this area make a difference?
Expert:  JGM replied 2 years ago.
No, if the turning area is part of the track that you have a right of access over, the neighbour can't restrict the extent of the track.
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