Alex Watts : Hello my name is XXXXX XXXXX I will help you with this. Please note that I am a working Solicitor and may be on and offline as I have to attend Court and meet with clients, even at weekends. As such you may not get an instant response when you reply as this is not an ‘on demand’ live service, but rest assured I will be giving your question my immediate attention upon return. There is no need to wait here, you will get an email when I reply.
Alex Watts : For how many years has there been access please?
As far as I'm aware at least the last 20 - 30 years and I have been told that it has been a carriage track for hundreds of years
Alex Watts : Thank you. The first thing to say is that only the land owner can exclude you, this other person can not.
Alex Watts : In any event you have a prescriptive right, this comes into force if you can establish it had been used for 20 years. The right becomes absolute after 40 years.
Alex Watts : If you are being denied access then you can write to the person and say that unless access is restored you will go to court and get an order.
Alex Watts : If he refuses then you can get a solicitor locally to write and again set out your position and say you will go to court if he refuses.
Alex Watts : If he still refuses then you can issue proceedings.
Alex Watts : You would need to complete form N1 http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n001-eng.pdf and N16a http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n016a-eng.pdf
Alex Watts : The court will then list the matter for hearing and decide whether to make an order giving access.
Alex Watts : Ideally you would also need to name the land owner as I am not sure if he knows access is being prevented as he is the only one that stop access.
Alex Watts : The judge can then make an order allowing access and if this continues to be refused he can be found in contempt of court.
Alex Watts : The judge can fine, warn or even send to prison.
Alex Watts : Can I clarify anything for you about this today please?
Could you tell me how I can find out who the landowner is?
Alex Watts :
I hope this helps?