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Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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There can you assist please, My property at the rear is

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Hi There can you assist please, My property at the rear is adjoined to a private farm road, I have to use this road to have my Septic Tank emptied and have my fuel delivered for household heating( once a year) .The farmer has told me i can't use the road as it is a private farm road, when i queried about how do i get my fuel delivered and Sceptic tank emptied, he replied, " thats not my problem", Further to this there is 3 other properties on this road which are privately owned, but they can use the road for fuel and tank emptying without a problem advice please
Hello my name is ***** ***** I will help you.How long has this road been used for please, over the years by you and your neighbours?Alex
Customer: replied 2 years ago.
20 + years
Customer: replied 2 years ago.
the other 3 properties one is owned by the farm, the other 2 were sold to private individuals
Ok, then you have a prescriptive right to use the road as per the Prescription Act 1832. You gain this right after 20 years and if its more than 40 years it becomes absolute.You should get a Solicitor to write and ask that they allow you to use it again or say you will go to Court. If they refuse then you can issue proceedings, you would use form N1: N16a Court would list the matter down for hearing and decide whether to make an order allowing access. If the Court does and the farmer still doesnt let you, this may be contempt of Court which he could be warned, fined or sent to prisonCan I clarify anything for you about this today please?Alex
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Customer: replied 2 years ago.
thank you for your advice, i will do as you say