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Jeremy Aldermartin
Jeremy Aldermartin, Solicitor
Category: Property Law
Satisfied Customers: 8879
Experience:  Dual qualified Solicitor and Attorney
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We are one of two dominant owners of a private road leading

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We are one of two dominant owners of a private road leading over ground owned by othere. The other dominant owner has decided to aforest his land and a huge project is underway. The owner is trying to insist to us that his contractors may now use the road. This increased heavy useage on a 1:10 slope will wreck the road and as householders it will make our access worse and worse. So far we have been able to resist the contractor as their forestry commission approval forbids access but this is coming to an end when planting is completed. Does the landowner have the right to have his contractors trash our shared private road for commercial purposes and can we stop him?s.
JA: What steps have you taken so far? Have you prepared or filed any paperwork?
Customer: No legal steps we have told him that he should comply with terms of forestry approval and if he wishes that approval to be varied this must be done by usual consultation with public etc.
JA: Where is the land located?
Customer: Largs Scotland the Hawkshill Estate. Our 1818 former shepherds freehold house is in the estate which has been a sheep farm up until the new owner Mr Stakis of the hotelier family acquired it in 2012.
JA: Anything else you want the Lawyer to know before I connect you?
Customer: we hasve lived here for 16 years. In that time the landowners past and present have not made use of the road and we think it can probably be shown that this is more than 20 years. Does abandonment give us an answer as well.

Hi thank you for your message, use of a shared road and access has to be reasonable therefore if the work is damaging the road then it is likely to be deemed unreasonable especially given the large increase in usage and with heavy vehicles. Therefore, you can write to him to object to this usage and if he does not stop take legal action. I recommend you use a solicitor to do this to add weight to your arguments. If you want to find a solicitor to assist with this process you can find a solicitor using the Law Society find a solicitor search option here: https://solicitors.lawsociety.org.uk. You can search by town or postcode to find one near you, as well as area of law in this case property law. I hope this helps, if you can please accept my answer and rate me 5 stars (in the top right of your screen) then Just Answer will credit me for helping you today.

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