Neighbour widened access point

pilman
Posts: 3125
Joined: Thu Mar 11, 2010 4:08 pm

Re: Neighbour widened access point

Post by pilman » Sat Mar 14, 2020 11:43 am

Hi Mac,

Sometimes some of the comments you post seem to indicate that you have a unique viewpoint that might confuse the person who has posted on this web-site.
The right the neighbours have is a prescriptive right

can we see the wording please? how long ago was this acquired?
The first suggestion that there is a prescriptive easement was made by Collaborate, not the original poster, although the whole point of a prescriptive easement would be that there is no written deed so no one can "see the wording" because none exists.
all talk of their plan being unlawful may be dubious at best.
Where has there been any mention of a plan being unlawful?
Someone posting that comment at 10.16 pm on Friday the 13th may have been confusing fact with fiction after a night of celebrating that nothing untoward had happened on the fateful day. :lol:

MacadamB53
Posts: 7039
Joined: Sun Dec 09, 2012 11:13 pm
Number of Posts per Page: 100
Number of topics per page: 50

Re: Neighbour widened access point

Post by MacadamB53 » Sat Mar 14, 2020 1:28 pm

pilman wrote:
Sat Mar 14, 2020 11:43 am
Hi Mac,

Sometimes some of the comments you post seem to indicate that you have a unique viewpoint that might confuse the person who has posted on this web-site.
The right the neighbours have is a prescriptive right

can we see the wording please? how long ago was this acquired?
The first suggestion that there is a prescriptive easement was made by Collaborate, not the original poster, although the whole point of a prescriptive easement would be that there is no written deed so no one can "see the wording" because none exists.
all talk of their plan being unlawful may be dubious at best.
Where has there been any mention of a plan being unlawful?
Someone posting that comment at 10.16 pm on Friday the 13th may have been confusing fact with fiction after a night of celebrating that nothing untoward had happened on the fateful day. :lol:
:)

Collaborate
Posts: 2104
Joined: Mon Feb 23, 2015 9:17 am
Number of Posts per Page: 20
Number of topics per page: 20

Re: Neighbour widened access point

Post by Collaborate » Tue Mar 17, 2020 9:41 am

If their new access point is not further down your lane/track than the existing one, any right they have to pass over the lane extends to their new opening. If they have ownership of the hedge they are entitled to remove it. The only difference it makes to you is that if previously you could have parked on the lane without causing a substantial interference to their ROW prior to removal of the hedge, but now would be blocking their entrance, you might be affected, but I wouldn't want to litigate over this.

Frances
Posts: 36
Joined: Wed Sep 24, 2014 9:20 pm

Re: Neighbour widened access point

Post by Frances » Wed Mar 18, 2020 11:19 pm

Thank you for the responses.

One of my initial 'thoughts' was that by not limiting the access point to the original location (or width) that we would be unable to mark out our boundary along that section of hedge. Potentially in the future we might want to open up a gate into a field 'below' and therefore would be unable to stock proof this length should we wish to move animals along this section of the track.

Clifford Pope
Posts: 469
Joined: Tue Aug 25, 2009 1:18 pm

Re: Neighbour widened access point

Post by Clifford Pope » Thu Mar 19, 2020 10:35 am

I'd cross that bridge if you ever came to it.
Farmers round here move stock along public roads often, and just tie a bit temporary bailer twine across any open gateways or sections with no fences etc.
Animals on the move being driven require very little to contain - it's those constrained in fields that need secure hedges gates or fences.

Post Reply