Agri Vehicles Insurance from Greenlands

Author Topic: Shared Access - What Is Fair Use...?  (Read 1522 times)

craiglang

  • Joined Jul 2018
Shared Access - What Is Fair Use...?
« on: May 04, 2019, 11:03:18 pm »
Hi Guys

So I share farm track with 8 other properties around me that use the track also. The track is owned by the farmer who sold the land off to be developed and then I purchased some land on its own, with no property.

The point is I have been asked to share a portion of the track maintenance which I am not adverse to doing. But there is nothing in my deeds to say that I have to. I am more than willing to pay my fair share.

The farmer who runs a horse livery for stabling of 30 horses has shared the maintenance fee equally between all 8 owners. I think this is not fair use as the farm uses the track regular for the tractors and everything else to do with the farm and livery. Also for all the cars and vans that pay to use their livery. This has around 25 to 30 cars or vans per day visiting and like I say also tractor and so fourth. The maintenance also stops at their livery entrance and not at my entrance or any other property.

There is also a B&B that has a couple of rooms and has more cars around 4 per day visiting on numerous occasions. Also owners and any other people that visit their B&B. Probably used many times per day.

Also the other properties use it for 2+ cars each. My grievance on paying my fair share is that I visit my land on the morning to open my animals up and then later on the night to lock them away. I never have visitors except on rare occasions but mainly it's only me that uses the access to my land.

As I have mentioned they have decided the entire amount of maintenance which I know is not worth the £3000 they are asking. To have 1 wagon of type 1 to fill the larger holes then 4 wagons of road plainings for the entire 400 meters of farm track. I think this is merely going to be a very thin layer of road plainings for such a long access track and is more like a coat of paint than actually repairing it.

The track is in such a state like something you see on the moon. That it does need up keep and it really is a bad farm track. I would also like to say me and the other owners have filled the pot holes and maintained the access track several times over the years and the farmer has not paid a penny towards any of our out lay.

We also maintain the our main entrance road to access our land me and another owner which the farmer uses and never pays a penny towards that.

Like I say there is nothing in my deeds to say I have to pay for up keep and it was mainly the farmer who is suppose to pay 50% and the B&B who is suppose to pay 50%.

The owner who purchased the property which is now the B&B and all barns for development sold off the barns and stables to be converted into separate homes.

But he never placed the covent in any of the deeds that they had to contribute to the up keep or maintenance of the road. They set up their own land management between them, that they would all contribute to this management of land, which surrounds their homes and not the farm track.

Why I have come to ask you guys is that the owners of B&B, who were all in favour of fair share maintenance, has come back after talking to their solicitor and said that the farmer can ask for all of us to contribute the same amount of funds.

Even though the farmer totally uses the track for business far more than any other and also the B&B. So they are using more and making money from their property and land and in the farmers case a lot of money. The B&B also charges £180 per night per room, which includes room and hot tub.

Me, personally I think the owner of B&B has found out that they are responsible for 50% of the maintenance and is now trying to pull the wool over our eye's and saying that, yes the farmer has the right to do this...? ( That is split the maintenance fee 8 ways between all property owners ). So that they are not on the hook for 50% of the maintenance fees as it says in their deeds.

I know this is a long post, but as I have mentioned I am not saying I do not want to pay my fare share. I am saying is the amount of what they are asking for, which is split equal 8 ways fair use and how can they enforce this, if it was never included in my deeds when I purchased the land.

I think it should be shared on who uses the track the most and frequency for their land or property and business and that they should pay more. I personally cannot see how any other person could see that this should not be the case.

Anyone who has been through the same situation or has some professional advice would be much appreciated.

I would also like to say that if the road was going to cost that much and I know the materials will be around £900 max and take a day or 2. that I would rather spend all the amount of £3000 and purchase many wagon loads of materials and give the access track a proper thick layer of road plainings ourselves.

Thanks
« Last Edit: May 04, 2019, 11:20:04 pm by craiglang »

cambee

  • Joined Feb 2017
  • High Peak
Re: Shared Access - What Is Fair Use...?
« Reply #1 on: May 05, 2019, 08:28:23 am »
Private access roads are a nightmare! We used to live on a rural track which was shared between 10 houses, all quite wealthy people but no one wanted to pay. As in your situation, there were rights of access in the deeds but no responsibilities to repair. The track was full of huge pot holes and could easily damage a car (as a number of visitors found to their cost). It came down to a handful of us who contributed and maintained the track as we made the decision that it was to our own benefit to fill in the holes. So as regards your situation, if there is nothing in your deeds, I doubt that you are obliged to pay. One other point, if this track is a bridleway as ours was just bear in mind that you can’t, for example, just tarmac it and that you are supposed to get the consent of the council to what you propose to do. Also, the council can actually require contributions from you if they maintain it.

chrismahon

  • Joined Dec 2011
  • Gascony, France
Re: Shared Access - What Is Fair Use...?
« Reply #2 on: May 05, 2019, 09:15:13 am »
Yes, I've had that nightmare as well.


It will be down to protracted negotiation, rather than any legal standpoint. If you don't think the cost is worth the benefit to you, you simply don't pay. In the end our driveway was resurfaced by someone wanting to sell their house, because they knew they would not be able to sell with the driveway in that terrible state.


Good luck.

SallyintNorth

  • Joined Feb 2011
  • Cornwall
  • Rarely short of an opinion but I mean well
    • Trelay Cohousing Community
Re: Shared Access - What Is Fair Use...?
« Reply #3 on: May 05, 2019, 01:18:01 pm »
Sounds like a fairer split would be three thirds.  Farmer 1/3, B&B 1/3, split the remaining third between the rest of you.

Good luck
Don't listen to the money men - they know the price of everything and the value of nothing

Live in a cohousing community with small farm for our own use.  Dairy cows (rearing their own calves for beef), pigs, sheep for meat and fleece, ducks and hens for eggs, veg and fruit growing

shep53

  • Joined Jan 2011
  • Dumfries & Galloway
Re: Shared Access - What Is Fair Use...?
« Reply #4 on: May 05, 2019, 01:44:46 pm »
When the estate I managed wanted the drive tarmacked nearly a kilometre  long I asked the 2 properties to contribute , the first house 100mt in from the main road  paid 1/3rd of 100mt ,the second house 500mt in  paid 1/3rd for the first 100mt  and 1/2 of the next 400mt then the estate paid for all the last 500 mt on its own

 

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