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F E Smith
F E Smith, Advocate
Category: Property Law
Satisfied Customers: 9784
Experience:  I have been practising for 30 years.
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A farmer has a right is access across my drive into the

Customer Question

A farmer has a right is access across my drive into the field next to my property although he has access on the other side in his own right, he has secure off this access now all his traffic is using and damaging my driveway at the top of my drive. Is there anyway that this access can be limited or overturned he has had this right since the property was reconstructed in 1993.
Submitted: 1 year ago.
Category: Property Law
Expert:  F E Smith replied 1 year ago.

The farmer is under a duty not to cause nuisance or damage.

If he damages the driveway he is responsible for repairing it.

He is also responsible for maintenance and repairs under the doctrine of mutual benefit and burden. He is not liable for any improvements.

Can I clarify anything else for you?

Please rate the service positive. It’s an important part of the process by which experts get paid.

We can still exchange emails.

Best wishes.

FES.

Customer: replied 1 year ago.
Is there any chance of limiting his access with the amount of traffic considering he has access on the other side of the drive?
Expert:  F E Smith replied 1 year ago.

It depends on the wording of the right-of-way. It would be very difficult to reduce the amount of traffic without causing an obstruction.

As I said on the other thread, the fact that he may have different access is not relevant.

If he doesn’t need this access and it’s causing a problem for you, he might be agreeable for you to pay him some money to relinquish the right-of-way. It comes down to how much you would be willing to pay and how much he would be willing to accept because there is no formula for that.