right of way

missmakepeace
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right of way

Post by missmakepeace » Sun May 05, 2019 7:59 pm

I have a deed of grant for my property giving me a right of way over a neighbours garden, allowing me to access a barn and plot of land. There house is an end terrace, our house is mid terrace.
Our property was formally a working farm and blacksmiths. We have permission to convert the small barn into a two person holiday let.
Our neighbours are trying to prevent us from using the right of way for access to the holiday let.
Does anyone know if they are allowed to do this.
They are also allowing their trees and shrubs to block the access. They have not cut them back for a few years, so they are overgrowing the right of way.

MacadamB53
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Re: right of way

Post by MacadamB53 » Mon May 06, 2019 12:29 am

Hi,

if you post the wording of the RoW we should then be able to give you informed answers.

kind regards, Mac

missmakepeace
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Re: right of way

Post by missmakepeace » Mon May 06, 2019 8:14 am

1 Full right and liberty for the grantee and his successors in title the owners and occupiers for the registered property delineated and edged red on the plan B(in common with the Grantors and all other having the like right)

1.1 At all times hereafter by day or night with or without vehicles of any description for all purposes connected with the use and enjoyment of the property but not for any other purposes whatsoever to pass and repass over the track over the Grantors land such track being shown coloured yellow on the plan A SUBJECT nevertheless and reserving to the Grantors and their successors in title ********* at any time to erect renew or maintain a gate or gates across the said track at the points marked A and B on plan A such gates not being locked nor erected or maintained so as to impede or obstruct the free use and enjoyment of the right of way hereby granted.

1.2 To the underground water pipes the approximate line and position of which is shown by the broken line on plan A together with the right in perpetuity to use the said pipe for the supply of water to the property and inspecting and repairing and replacing the same with a right to enter the Grantors land in exercise of such rights making good all damage caused by exercise of the same TO HOLD the said rights of way and water subject as aforesaid unto the Grantors in fee simple.

2 The Grantee hereby covenants with the Grantors and their successors in title that the Grantee and his successors in title will form from time to time contribute a fair proportion according to user of the cost of keeping the said track in repair, the proportion in case of difference to be determined by a Single Arbitrator appointed under the Arbitrator Act 1996 or any statuary modification or replacement thereof for the time being in force and the right of way hereby granted shall be exercisableduring any period which there shall be any breach of this present covenant which shall not have been remedied by the payment of all money payable thereafter.

There are other things mentioned in relation to electricity cables etc.

Collaborate
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Re: right of way

Post by Collaborate » Mon May 06, 2019 9:24 am

Does the land edged in red include the barn and plot of land? Does it also include your house?

missmakepeace
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Re: right of way

Post by missmakepeace » Mon May 06, 2019 9:34 am

Yes. It includes our house, the barn and all out buildings and a half acre field.

ukmicky
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Re: right of way

Post by ukmicky » Mon May 06, 2019 3:28 pm

They can’t stop you. The only way would be if the increased burden from barn to holiday let became excessive which it is not. There is nothing preventing you from changing its use .

You also have the right to cut back the overgrowth, you don’t need there permission providing you only cut back to the boundary of the right of way.
Any information provided is not legal advice and you are advised to gain a professional opinion

missmakepeace
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Re: right of way

Post by missmakepeace » Mon May 06, 2019 5:03 pm

Thank You so much for the help.
Do I need to inform them I will be cutting the shrubs back?

missmakepeace
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Re: right of way

Post by missmakepeace » Mon May 06, 2019 5:05 pm

The gate on the ROW is 12ft. I presume that is the width I can have along the track. So cutting shrubs back to allow a 12ft passage.

IdefixUK
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Re: right of way

Post by IdefixUK » Mon May 06, 2019 11:05 pm

If there is a clearly defined width to the ROW on the ground. Eg kerb stones or a concrete top then best stick to that width rather than the 12 ft width of the gate. if the width on the ground is not clearly defined then I would assume you can cut back the bushes etc to a width that will allow you (or a "reasonable person") enough room to be able to exercise your right conveniently and without any substantial interference, AND NO MORE. You must be reasonable, and be seen to be reasonable. I would think it wise to inform the owners of the land over which your ROW exists that if they have not cleared the route of the overgrowth by (say) 28 days then you intend to do it yourself as is your (ancillary) right as the owner of the dominant land. There's no point in having a ROW which you cannot use as per the grant.
Take lots of photos now to illustrate the current obstruction caused by the shrubs.


Regards

MacadamB53
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Re: right of way

Post by MacadamB53 » Tue May 07, 2019 7:41 am

missmakepeace wrote:
Mon May 06, 2019 5:05 pm
The gate on the ROW is 12ft. I presume that is the width I can have along the track. So cutting shrubs back to allow a 12ft passage.
is the width defined in the deed or accompanying plan (this is not the title plan)?

missmakepeace
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Re: right of way

Post by missmakepeace » Tue May 07, 2019 7:41 am

Thanks for all the help.

missmakepeace
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Re: right of way

Post by missmakepeace » Thu May 09, 2019 8:12 pm

I have a defined map with the ROW clearly drawn on it. No measurements. But in ratio it is the width of the gate.

missmakepeace
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Re: right of way

Post by missmakepeace » Fri May 24, 2019 4:29 pm

I appear to have received a letter from a paralegal stating my neighbours will challenge my builder for trespass?
I thought I had the right to repair my property. When repairING their property their builders actually park and obstruct our access.

Collaborate
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Re: right of way

Post by Collaborate » Fri May 24, 2019 6:23 pm

You have the right to pass over the ROW land. The purpose of you passing over is irrelevant.

IdefixUK
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Re: right of way

Post by IdefixUK » Fri May 24, 2019 7:44 pm

missmakepeace wrote:
Fri May 24, 2019 4:29 pm
I appear to have received a letter from a paralegal stating my neighbours will challenge my builder for trespass?
Hello again missmakepeace.
I wonder if you feel able to expand a bit on the contents of the letter, does the letter indicate under what grounds the neighbour can claim that your builders will trespass if they use the right of way? Does the letter come from a legal company that you can verify exists ( internet search the name and address on the letter head).

Regards

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