The Accidental Smallholder Forum

Smallholding => Buildings & planning => Topic started by: Haradan on April 30, 2013, 11:49:52 am

Title: Agricultural right of way
Post by: Haradan on April 30, 2013, 11:49:52 am

Does anyone know if there are any restrictions over introducing traffic calming on driveway where there is an agricultural right of way. We live in complex of barns and farmer has AROW through communal driveway  of complex to land and fields  beyond. Some of vehicles are going dangerously fast. We want to put in speed bumps but don't know if this is legal ?

Title: Re: Agricultural right of way
Post by: lachlanandmarcus on April 30, 2013, 01:30:42 pm

Have a look at this link, I cant vouch for the accuracy of the information but it would seem to suggest that traffic calming can be introduced without consent (I imagine this would be providing that the nature of the measures taken were not actually interfering with the basic ability to use the right of way).
http://www.business-lawfirm.co.uk/Articles/Commercial-Property/Easements-know-your-rights.aspx (http://www.business-lawfirm.co.uk/Articles/Commercial-Property/Easements-know-your-rights.aspx)

Title: Re: Agricultural right of way
Post by: smudger on July 18, 2013, 11:20:46 pm

Haradan


You used the word 'legal' - this is a civil matter since its is a private right of way. Agree if access is not obstructed then should be ok. However, it would be 'neighbourly' to notify your neighbours / the person who has the right of way - it could be contractors who are causing the problem.


Just don't let it turn into a dispute. Could get your solicitor to send the notice.

Title: Re: Agricultural right of way
Post by: shygirl on July 18, 2013, 11:34:18 pm

i presume the farmer doesnt own the land.
are there alternatives to speed bumps? long low trailers/hitches might touch the bump, possibly?
what about a solar powered flashing speed sign. they apparently have a good result rate.