Author Topic: Rights of Way (Read 12607 times)

chrismahon · « **Reply #15 on:** April 26, 2012, 08:45:27 pm »

A right of way can be extinguished by non-use or abandonment after 30 years. Public Highway can never be extinguished except by an unopposed Magistrates Order -a 'stopping-up order'.

There is a lot of caselaw, Appeal Court, stuff on this subject. I had it all thrown at me when I bought some access land and was told I couldn't use it all because part of it had been abandoned. It would have to go to court for a ruling and may then go to Appeal. Expect a bill of at least £30K for the loser, £10K for the 'winner'.

Mammyshaz · « **Reply #16 on:** April 26, 2012, 10:05:29 pm »

Wow. That is steep.

smudger · « **Reply #17 on:** April 26, 2012, 11:03:10 pm »

Actually our solicitor pulled out case law saying 'non-use' does not mean abondonment - even after 175 years in that particular case. Still have paperwork somewhere. That's why they agreed to indemnity insurance.

chrismahon · « **Reply #18 on:** April 28, 2012, 05:51:12 pm »

I'd love to see that piece of caselaw Smudger. I have a big slice of Appeal Court rulings saying the opposite, but they could have been recently superceded.

robert waddell · « **Reply #19 on:** April 28, 2012, 06:35:16 pm »

there are distinct differences here a right of way is different to a public highway and differs again from a right of access and again there is a big difference betwean south of the border and north of the border
south of the border you have green lanes bridleways and access for vehicles on them in Scotland it is tarmac roads or bugger all to drive offroad you have to get the landowners permission or you are breaking the law
rights of access are the easiest to get lifted

Small Farmer · « **Reply #20 on:** April 28, 2012, 06:41:28 pm »

In England and Wakes an awful lot changed with the Countryside and Rights of Way Act, 2000

http://www.legislation.gov.uk/ukpga/2000/37/contents

smudger · « **Reply #21 on:** May 01, 2012, 10:51:07 pm »

Quote from: chrismahon on April 28, 2012, 05:51:12 pm

I'd love to see that piece of caselaw Smudger. I have a big slice of Appeal Court rulings saying the opposite, but they could have been recently superceded.

Can't find it on my emails, so will have to look out the file.

chrismahon · « **Reply #22 on:** May 03, 2012, 07:46:27 pm »

Don't waste any more time on it Smudger. We're leaving for France in September, so what the laws are over here isn't going to be much use to me soon. I was only curious as I had to settle a case based on what I had. They didn't find anything substantial to support extinguishing it either as the 30 year elapsed time couldn't really be proved. With absolute non-extinguishment it wouldn't have got to court and I could have saved £2500. They could have saved £17,500 ! The result would be the same, as it was exactly what I offered before Court anyway. Having incredibly thick neighbours with money and attitude is a pain in the .........!