Unadopted Road - Neighbours new fence

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moz
Posts: 20
Joined: Thu Feb 17, 2011 12:16 am

Unadopted Road - Neighbours new fence

Post by moz » Wed Jun 26, 2019 10:40 pm

Hi

My land is at the very end of an unadopted road. I must stress this is not the way I usually access my house so I do still have a "usual" way to my house, this unadopted road leads to the back of my woodland which adjoins my own garden. This week one of the frontages to the unadopted road has placed a series of posts, obviously prior to fencing in, about 1 meter in, on one side of the road. Narrowing the road from about 4 meters to just under 3.

I know I don't have any specific right of way over this land... I had searched before and found nothing, I did start a thread about it here about 9 years ago. I was finally reassured by Conveyancer who said if there were gateposts in place, then there was probably a right of way once, and I've been using it ever since, every day on foot and occasionally I bring a car round to load wood etc.

I'd rather my neighbours didn't do this, as it means I'll have to grind down the stumps on the other side of the road (I told you it was unadopted!) in order to continue to get a car in. I will obviously ask them to stop but the posts are in now and they must know I'll say something, I'm just wondering if I should ask my local highways agency or anyone else before I raise it with the neighbours? Try and get some official word on what is permitted.
About one meter towards the neighbours from the posts there is about a 20cm drop which I have always assumed was the boundary feature. The rhodedendrum trees/bushes have grown on the edges of the road as you can see.
Thanks for your thoughts, advice.
Moz
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mugwump
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Re: Unadopted Road - Neighbours new fence

Post by mugwump » Thu Jun 27, 2019 5:42 am

As the first post aligns with the existing stone gatepost, the first step would be to get his deeds etc from Land registry to ascertain whether the rest of them follow his boundary. If they do then it could indicate that your foliage has encroached onto the path.

moz
Posts: 20
Joined: Thu Feb 17, 2011 12:16 am

Re: Unadopted Road - Neighbours new fence

Post by moz » Fri Jul 12, 2019 2:39 am

Hi
That's not a path, its an un-adopted road, the foliage is not mine, it has just grown up on the un-adopted road, it's now the neighbours foliage if he is allowed to keep the fence in situ. The deeds from his house, and the un-adopted road are not in a large enough where the boundary lies to the extent of that 1 meter.
The stone gateposts I assume were placed to create a convenient gate sized entrance and not to define the width of the road that leads to it.

MacadamB53
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Re: Unadopted Road - Neighbours new fence

Post by MacadamB53 » Fri Jul 12, 2019 12:00 pm

Hi moz,

I'll have to grind down the stumps on the other side of the road

this sounds like a reasonable way forward - it’s what you’d be doing if the road had become overgrown on the other side too, right?

basically, you need to clear the way in order to use it, rather than spend energy on seeing what you can do in order to continue veering onto nearby land for convenience’ sake.

kind regards, Mac

SJC14
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Re: Unadopted Road - Neighbours new fence

Post by SJC14 » Fri Jul 12, 2019 12:57 pm

mugwump wrote:
Thu Jun 27, 2019 5:42 am
As the first post aligns with the existing stone gatepost, the first step would be to get his deeds etc from Land registry to ascertain whether the rest of them follow his boundary. If they do then it could indicate that your foliage has encroached onto the path.
Totally agree. The plot to the right seems to think they own the land up to that stone gatepost and are trying to fence it in what they believe is their land. The Land Registry check is the first place to check that but I also note in your older thread "It can only be at most a shared private drive as two houses border the very end of it". It is certainly an old path and as such will be in old OS maps to reference back.

mr sheen
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Re: Unadopted Road - Neighbours new fence

Post by mr sheen » Fri Jul 12, 2019 1:05 pm

Since you don't own the land that comprises the 'unadopted road' it is highly unlikley that you would be able to prevent other people doing things on that land unless you can prove 'substantial interference' with your rights. Only the actual owner of the land is likely to be successful in controlling what happens to the land.

If you have a right of way, you have the right to pass and repass over the land and also have ancillary rights to maintain the land such that you can exercise your rights eg cutting back encroaching vegetation etc. The land over which the rights were gained is the only land over which you can pass and repass and you can keep this clear so that you can pass and repass.

The age of the gate post suggests that a right of way exists but it also provides a 'marker' of where the right of way may have ended historically. You would have to prove a right of way exists over the land now being fenced and that the fencing is a substantial ineterference if you want to dispute his actions.

moz
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Joined: Thu Feb 17, 2011 12:16 am

Re: Unadopted Road - Neighbours new fence

Post by moz » Sun Jul 14, 2019 7:41 pm

Thanks for your replies all, the rest of the fence has now gone up and it looks OK actually, it will make backing a trailer in to the woods, which I occasionally do, slightly more difficult but it's still possible once I cut the stumps down to ground level. I think I may erect a pair of gates perpendicular to the new fence and enclose some of it for myself. :) I can keep the trailer there.
Moz

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