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 wingrovebuyer Your Own Question

wingrovebuyer
wingrovebuyer, Senior Solicitor
Category: Property Law
Satisfied Customers: 737
Experience:  Bachelor of Laws (Honours); PG Diploma in Law; Member of ALA; 9 years' experience
22732369
Type Your Property Law Question Here...
wingrovebuyer is online now

My farming neighbour has a 'A right of way... purpose

Resolved Question:

My farming neighbour has a 'A right of way... for the purpose of gaining access to or from the land for agricultural purposes and with or without animals and vehicles over and along the strip of land twelve feet wide'
He has made an application to erect a 34m high, 100kw, wind turbine in the field 334m from my house. His Design and Access statement claims that the farm needs the electricity but he does not actually used the farm, it is unoccupied and partly derelict and consequently has no significant electricity use.
Can as stop him using the right of way as this is not for agricultural purposes?
Submitted: 12 months ago.
Category: Property Law
Expert:  wingrovebuyer replied 12 months ago.
Hello. On the face of it, yes. A turbine is a non-agricultural commercial use. You can tell him that you will not allow him to use the access for the construction traffic required for the turbine. If he ignores you, you could seek an injunction preventing him from using the access other than as intended. He may argue that the turbine is at least partly to benefit the farm, but if what you say is right, that ought to fail. I suggest you write to him ASAP, saying his use of the access is for agricultural purposes only, that the erection and maintenance of a turbine is a non-agricultural purpose and that you do not consent to any expansion of the access right to include commercial uses. Tell him that he is not to permit construction traffic over the access or use it to access the turbine once erected. Tell him that if he does not observe the conditions of his access rights, you will seek an injunction to prevent breaches, and will seek to recover your costs from him. I suspect he will try to offer you money to resolve this problem, but you are not obliged to accept. Best wishes, WB
Customer: replied 11 months ago.
Is there any recent case law to support this? My concern is that I do not want to get drawn into a lengthy, and therefore costly, legal argument as to whether the turbine could be classed as an agricultural development. I am hoping that the planning process rejects the proposal but it would be nice to have a fall back position.RegardsJohn
Expert:  wingrovebuyer replied 11 months ago.
Thanks. You don't need case law - the fact he's applying for planning permission tells you that the scheme is not agricultural, because it constitutes a change of use. This may not be a lengthy dispute - if his right is somehow limited, and you raise this, his solicitor will tell him he can't erect the turbine using your land for access unless he gets your consent, which you can give (for a premium) or refuse. Please leave a rating. Best, WB
Customer: replied 11 months ago.
Surely if he was building cow shed he would still need planning permission? Don't you think McAdams Homes vs Robinson 2004 is relevant? On the two criteria referred to in the judgement I think one could argue that erecting a turbine certainly changes the character and identity of the use of the land. However, on the second criteria, although the redevelopment of the land will initially result in a significant increase in the burden on the land (construction traffic), it will not on an ongoing basis. Sorry to be a pain but I would like to feel confident of succeeding if I need to make a stand on this issue and have found to my cost in the past that the process of taking legal action can often prove costly and does not always result in justice!RegardsJohn
Expert:  wingrovebuyer replied 11 months ago.
Hello. Cow sheds don't necessarily need permission - it depends on what is planned. However, I can assure you that if the right of way is for agricultural purposes only, then using it to erect and service a turbine is not permitted - turbines are commercial, not agricultural. The case you mention may help, but there are hundreds of cases on similar issues - each case rests on its own facts. However, what is important is whether or not there is a strict restriction on what the right can be used for. Where it is clear (ie only for agriculture) there is no argument over increased burden etc because it is clear what is and is not allowed. Please leave a rating. Best, Wb
wingrovebuyer, Senior Solicitor
Category: Property Law
Satisfied Customers: 737
Experience: Bachelor of Laws (Honours); PG Diploma in Law; Member of ALA; 9 years' experience
wingrovebuyer and other Property Law Specialists are ready to help you
Customer: replied 11 months ago.
Great. Thank you very much.

What Customers are Saying:

 
 
 
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
< Previous | Next >
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C.
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther
 
 
 

Meet The Experts:

 
 
 
  • Remus2004

    Remus2004

    Barrister

    Satisfied Customers:

    2438
    Over 5 years in practice.
< Previous | Next >
  • http://ww2.justanswer.com/uploads/EM/emus/2015-7-7_192327_bigstockportraitofconfidentfemale.64x64.jpg Remus2004's Avatar

    Remus2004

    Barrister

    Satisfied Customers:

    2438
    Over 5 years in practice.
  • http://ww2.justanswer.com/uploads/TG/TGraham12/2012-7-17_81212_bigstockBusinessHandshake508163.64x64.jpg Thomas's Avatar

    Thomas

    Solicitor

    Satisfied Customers:

    445
    UK solicitor holding an England and Wales practising Certificate.
  • http://ww2.justanswer.com/uploads/KA/Kasare/kasare.64x64.jpg Kasare's Avatar

    Kasare

    Solicitor

    Satisfied Customers:

    42
    Solicitor, 10 yrs plus experience in civil litigation, employment and family law.
  • http://ww2.justanswer.com/uploads/OS/osh/2015-7-7_19268_gettyimagesb.64x64.jpg Joshua's Avatar

    Joshua

    Lawyer

    Satisfied Customers:

    4708
    LL.B (Hons), Higher Prof. Dip. Law & Practice
  • http://ww2.justanswer.com/uploads/AS/Aston Lawyer/2013-10-8_19517_JAPROFILEPICTURE.64x64.jpg Aston Lawyer's Avatar

    Aston Lawyer

    Solicitor

    Satisfied Customers:

    1869
    LLB(HONS) 20 years of experience in dealing with Conveyancing and Property Law
  • http://ww2.justanswer.com/uploads/CH/chathamchamber/2011-4-24_191833_1.64x64.jpg chatham-chamber's Avatar

    chatham-chamber

    Solicitor

    Satisfied Customers:

    828
    LL.B, Pg.Dip, LL.M, M.B.A (Pending), Solicitor-Advocate. UK Practising Certificate issued by SRA., DIFC Courts Registered (Dubai)
  • http://ww2.justanswer.com/uploads/CL/clairep80/2013-8-25_191218_dreamstimexs267279822nd.64x64.jpg Clare's Avatar

    Clare

    Solicitor

    Satisfied Customers:

    286
    I have been a solicitor in High Street Practise since 1985 with a wide general experience.