[vixstix]

Thanks again for advice. I'm afraid we are in the land of murky land deals, handshakes, and eccentric recluses here. My vendor lost the deeds to my land but I have the land registration showing a public right of way which is well established and not under dispute. I have friends and relatives who have lived close by the field all their lives and have no knowledge of any other Right of Way or Right of Access. The not insubstantial physical obstructions to any Right of Access, which have been in existence for over 30 years makes me hope this is merely a mapping error, but my optimism is flaking.
The wording from the new vendor is as follows, ''The woodland is sold with the benefit of a 20' right of way for all purposes with maintenance according to user''.  I did try to discover who owned the land but as it was unregistered  no searches or amount of detective work were successful. The land registry have no records in respect of the property.

[vixstix]

Hi Stufe 35,
the claimed access runs diagonally across the pasture area of my field, heading from my roadside paddock uphill to the boundary bank, fence and treeline.

[vixstix]

Sorry Stufe35,
never in common ownership as far as I am aware, though there are no deeds, I'm merely going on local knowledge.

[stufe35]

Should you confirm the existence of the ROW, whilst the forest it is forsale might be your best chance to make any changes that would improve the situation.  Effectively some free money for the vendor if you can do this before he sells it.

Are there other routes to the wood ie could you offer cash to extinguish the route altogether ?

or  is there scope to move the route to one side of your field so it impacts you less ?  ie you can fence along one side and forget you even own it.

Can you afford to buy the forest ?--

[vixstix]

Sadly Stufe35 I can't afford the forest. I'm not married though....any wealthy chaps around?

[stufe35]

I was wealthy...until I got married !

[waterbuffalofarmer]

I was just thinking...... you say you have a rare type of orchid growing in your field? Well if you inform the wildlife trust they might be interested in protecting it meaning that if anyone really wants a right of way across your land the wildlife trust would kick up a stink, because of the rare orchid habitat. Just a suggestion  I hope that all goes smoothly and yes I would contact the solicitor who was in the selling of the land, plus the council too.  Could you Keep us updated on how you get on?

[vixstix]

Yes, of course I'll keep you posted. I'm still waiting for the deeds. Strangely there is a tracked right of way that runs along the contour higher up the hill to the forest. This is not mentioned in the agent's description.
In the meantime I'm wondering if I can put a notice on my land asking people not to wander all over it in order to view the disputed access. I don't really want my fences being climbed over and my paddock traipsed through.

[SallyintNorth]

Quite right, there's certainly no right of access by members of the nosing public

Perhaps a sign saying 'Viewing of forestry strictly by appointment only' and the agent's and/or vendor's phone numbers?

[cloddopper]

Does any one know if rights of accvess were ever recorded on theb old TF ordanance map sheets of around 1921 .

 They used to show all the parish plot numbers and all manner of things  I found mine ( 1993 0 in the records section of the county library  , I was able to do a hand sketch  as well as including the plot numbers & a filled in deep well  dug in silts right on a corner where I was hoping to build .

[vixstix]

Just to update...there is no real update. I am still waiting for proof of the vendor's claim over my land.  After taking legal advice I have asked the agent to produce their evidence within 7 days.
I'll let you know the next thrilling installment.

[Coximus]

any update on this?
I was looking at the sale details for the plot - and a big thing stood out, its sold in 2 lots and the lot affecting your land has no shooting rights with it, the other one does.

It states they were reserved to a previous owner - now that would scream to me, the access was given for shooting - IE the land was all in one ownership in the past, and the shooting rights were retained on paper - and the owner of said rights, put in deeds of access to get to thier shooting.

As you say your previous owner lost their deeds, its quite possible you dont own the shooting rights to your land - a convinient loss for the previous owner - and someone somewhere is sat with paper proving their rights.

Now this is the bit that could help you - Sight of this access may show its for shooting, or other specific purposes, so they may not be able to put a track in.

HOWever if the lot is sold seperate from the other lot, they will have ONLY the access across your land - and in that case, it is most likely the access was granted for general access - - Your best bet is to try and get them to buy a strip off you down the side of the field for easy straight access - and dont charge lots - be far and charge the value of the land in the area, and you should get a peaceful settlement.

[vixstix]

Latest news.

I now own a woodland!
I finally managed to buy the land with the R.O.W. claim over my field, so  effectively the problem has disappeared.
Thanks everyone for your advice. Ultimately it was cheaper to buy it than fight it out in court.

[stufe35]

Great result !

You can now always sell it on with the right of way removed if required.

[vixstix]

Thanks Stufe35,

I'm afraid I'm in love with it now so I may have to build a hobbit house and move in. I've just asked for advice on signage. My fences are 'gappy' and I've no wish to stop folks enjoying the woodland but I may need to limit access in the future.