ROW Granted 1930

Farntrack
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ROW Granted 1930

Post by Farntrack »

A complicated one for you all.

We have been farming land along a private track for many years along with others.

The field was originally one field but was subdivided up into allotments around 1930 see plan. These have been consolidated into larger plots as people have brought one another out. There were roughly 10-11 owners served by the track.

The owners on one side entered into an option with a national house builder to develop their land this included additional land elsewhere not served by the track. This land provided access to the site.

When outline planning was submitted the developers/owners did not include the track in the application however over a period of a year it appears that they required a cyclist/pedestrian access so added the track to the application. They claimed that their ROW allowed them to do this.

Permission was granted however the developer continued making amendments to the drawings so that they have included a hammer head on the track, bollards to stop vehicles going up it, lampposts kerbs and tarmac.
They have blocked off all the others track users without any notification and refuse to engage in any conversation this includes 3 plots of land and two houses. One can't get to his garage and one has a car stuck at the rear of his property. The three plots cannot get their farm machinery down the track!

We have requested details and timescales but these have not been forthcoming.

We contacted Highways who said that they had been approached to adopt the track so the developer was carrying out the work to their specification.

The developer does not own the Track it is a private track with equal rights of access over it.

Given that there are 120 houses being built and this will be the main pedestrian route to the shops/school it will have a devastating effect on the others out of the scheme given that they will be driving cars and farm machinery down a pedestrian route.

The lampposts restrict the width of the track to less than 20 feet that was on the deeds and the bollards we think are lockable and stopping access to three of the plots.

The developer site is edged yellow.

Any advice would be appreciated and feel free to ask questions.
Farntrack
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Re: ROW Granted 1930

Post by Farntrack »

Garden Law 3-compressed.pdf
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Farntrack
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Re: ROW Granted 1930

Post by Farntrack »

Garden Law-compressed.pdf
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pilman
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Re: ROW Granted 1930

Post by pilman »

You need to immediately start court proceedings seeking an emergency injunction to prevent your access from being interfered with.

You own the legal estate in the plot of land and you own a legal interest over the access road.

Those are the two property rights defined in Section 1, Law of Property Act 1925.
1. Legal estates and equitable interests.

(1)The only estates in land which are capable of subsisting or of being conveyed or created at law are—
(a)An estate in fee simple absolute in possession; THAT IS THE FREEHOLD TITLE IN THE lAND
(b)A term of years absolute. THAT IS A LEASEHOLD TITLE IN THE LAND

(2)The only interests or charges in or over land which are capable of subsisting or of being conveyed or created at law are—
(a)An easement, right, or privilege in or over land for an interest equivalent to an estate in fee simple absolute in possession or a term of years absolute;THAT IS THE RIGHT OF WAY OVER THE ACCESS ROAD
It may also be the case that the wording used when the rights of way were granted for the access to allotments cannot be used to service a residential estate of houses. This is a matter for legal action to be taken as quickly as possible because despite planning permission being granted for any development, property law is not affected by any such permission.

Only the owner of the road can dedicate it as a public highway and only the owner of the road can grant a right of way for a use not contemplated at the time of the grant.

Your right of action is to prevent a substantial obstruction to your legal interest to pass and repass over the full width and length of the road that provides access to the plot of allotment land you own.
ukmicky
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Re: ROW Granted 1930

Post by ukmicky »

If I owned farm equipment and couldn’t get to my land I would be removing the bollards myself.
Any information provided is not legal advice and you are advised to gain a professional opinion
SwitchRich
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Re: ROW Granted 1930

Post by SwitchRich »

ukmicky wrote: Tue Jul 28, 2020 1:40 pm If I owned farm equipment and couldn’t get to my land I would be removing the bollards myself.
Yep! Although I would make an effort to return said bollards to their owner who put them in. A mini digger should be able to get them out the ground pretty easily.
mr sheen
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Re: ROW Granted 1930

Post by mr sheen »

ukmicky wrote: Tue Jul 28, 2020 1:40 pm If I owned farm equipment and couldn’t get to my land I would be removing the bollards myself.
#metoo
pilman
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Re: ROW Granted 1930

Post by pilman »

Can I join in and say me too, but it would be with a full size digger to ensure that nothing obstructed any part of the road that provided the legally granted access up to the full length of the frontage of the Green land.

The earlier suggestion would be to ensure that the developer of the estate could not do anything in the future once a judge had issued an injunction.
Farntrack
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Re: ROW Granted 1930

Post by Farntrack »

So what you are saying is anything that obstructs the 20ft roadway I can legally remove including the bollards and the lampposts?
Farntrack
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Re: ROW Granted 1930

Post by Farntrack »

Below are the rights granted to all the owners adjoining the track. The developer has purchased all the land one side and used this clause to allow 120 house owners access down the track and for them to turn it into a pedestrian/cycle way???
Garden Law 4-compressed.pdf
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Farntrack
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Re: ROW Granted 1930

Post by Farntrack »

Here is the letter of advice the developer tabled to the local authority who appear to have accepted it as a right for the developer to change the use of the roadway and block other owners with legal entitlement off!!
Garden Law 5-compressed.pdf
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arborlad
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Re: ROW Granted 1930

Post by arborlad »

Farntrack wrote: Tue Jul 28, 2020 8:43 am A complicated one for you all.

We have been farming land along a private track for many years along with others.



Do you have NFU or CLA membership?
arborlad

smile...it confuses people
mr sheen
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Re: ROW Granted 1930

Post by mr sheen »

Farntrack wrote: Tue Jul 28, 2020 4:26 pm So what you are saying is anything that obstructs the 20ft roadway I can legally remove including the bollards and the lampposts?
No.
You can remove just enough width or ground obstructions to be able to exercise your right to pass and repass over and along the roadway.

Although in the interests of neighbourliness and to avoid a serious escalation, I would probably inform them of my intention to remove, without further notice, anything that prevents me exercising the rights I, and my predecessors in title, have enjoyed For many years, that is passing and repassing over and along my right of way.
ukmicky
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Re: ROW Granted 1930

Post by ukmicky »

Give them 7 days to remove them themselves and if they do nothing ,pull them out. There use of the land for access to 120 properties would be classed as excessive user and is therefore unlawful..


The problem is however non of you are the owners of the track.
Any information provided is not legal advice and you are advised to gain a professional opinion
Farntrack
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Re: ROW Granted 1930

Post by Farntrack »

Thank you very much for all your responses.

We are not members of the NFU.

So as I understand it if I have a 20ft wide combine (haven’t measured it) and a 20ft right of way granted and one of the users places something in its way to stop me passing over the track I have a right to remove it but must give whatever it is back to its rightful owner?

If I find the owner he has the right to dispute the use of the track for 120 dwellings and turning the roadway into a cycle/pedestrian route?

The Highways Authority cannot adopt the track because no one owns it and in any event the required lampposts for adoption impede the 20ft width so can be removed together with the bollards?

Hopefully I have understood that.
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