Tree fallen on right of way

stufe35
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Joined: Mon Nov 05, 2012 3:06 pm

Re: Tree fallen on right of way

Post by stufe35 »

Unfortunately us simple human beings read stuff written by 'professionals' and believe it !

I take it the statement is wrong ? Or does it only apply to certain situations....eg deliberate blocking by servient owner ?


Thanks for your help ukmicky
ukmicky
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Re: Tree fallen on right of way

Post by ukmicky »

stufe35 wrote:Unfortunately us simple human beings read stuff written by 'professionals' and believe it !

I take it the statement is wrong ? Or does it only apply to certain situations....eg deliberate blocking by servient owner ?


Thanks for your help ukmicky
Hi Stu

I am not condeming you in anyway for what you believed ,so please dont think i am. It seriously is not my style ,well it is not how i like to behave except when i have no choice.

You cannot rely on any advice from any internet site and yes that includes this site and yes that does include me.

People should always with anything that could land them in court take real legal advice.

A general right like that can have only come about through case law but i have never come across a court case saying such a right exists and i have read many cases.Which includes all the important ones. . The only thing that came close is where the servient owner deliberatly restricted the ROW and gave the dominant tennants no choice but to use land that didnt form part of the ROW. This is totally different as the servient owner did not cause the obstruction in anyway . It was caused by an act of nature. I could be wrong and there could be some obscure case somewhere that i am unaware of that creared a precident but i do not think i am
Any information provided is not legal advice and you are advised to gain a professional opinion
andrew54
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Location: north yorkshire

Re: Tree fallen on right of way

Post by andrew54 »

But we don't know for sure that this is correct. A reliable contributor has said this is wrong, so we need to ask... micky, where are you getting this information from please?
Clifford Pope
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Joined: Tue Aug 25, 2009 1:18 pm

Re: Tree fallen on right of way

Post by Clifford Pope »

Perhaps it depends on whether the owner has deliberately or carelessly obstructed the way, or whether it is caused by an accidental blockage which he is urgently attending to?

My approach to him would be:

A tree has fallen down
We both want it moved asap
Do you need any help or have you got it in hand?
ukmicky
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Re: Tree fallen on right of way

Post by ukmicky »

andrew54 wrote:But we don't know for sure that this is correct. A reliable contributor has said this is wrong, so we need to ask... micky, where are you getting this information from please?
The question should be where is the infomation saying it is legal.

There is no Law or precedent that i am aware of making it legal. The legal right would have to come from somewhere but where has this right the OP believes s/he has come from.

For it not to amount to a trespass the OP needs some form of legal authority allowing them upon someone’s land without permission.

A easement would do but an easement relates to a specific area of land. It doesn’t relate to any other land owned by the servient tenant (Think of the trouble if it did)

There is a legal defense of necessity but that covers situations where there is a danger or perceived danger. Such as escaping from a fire or many other possible situations that could cause harm

If parliament had created the right the OP the could walk over the other land with with no worries about trespass but I know of no law specifying such a right.

If a court at sometime has created a precedent and said in situations like the one described it would give rise to legal authority to walk off the ROW onto other land owned by the servient owner then the OP would have been in the right. However as far as i am aware no such precedent has been created.

Therefore where does this right come from?
Any information provided is not legal advice and you are advised to gain a professional opinion
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