Author Topic: Right of Way legal advise (Read 8780 times)

DavidandCollette · « **Reply #30 on:** November 24, 2016, 04:40:15 pm »

If i were you i would start as i mean to carry on. If you alllow free access now how will you reduce in the future? Get fencing!

vixstix · « **Reply #31 on:** November 24, 2016, 05:09:12 pm »

To be honest people have been walking their dogs on it for years......but I never said that!!

I think if I suddenly fence it I would seriously pee off the locals.

harmony · « **Reply #32 on:** November 24, 2016, 06:36:56 pm »

Quote from: vixstix on November 24, 2016, 05:09:12 pm

To be honest people have been walking their dogs on it for years......but I never said that!!

I think if I suddenly fence it I would seriously pee off the locals.

If they have used it for years then they may put in claim that they have established a right. Are there actually any legal rights of way through there?

pharnorth · « **Reply #33 on:** November 24, 2016, 07:41:59 pm »

They can carry on wandering but a few pigs might cause some to change their habits. Congratulations on a really good outcome. I suspect they didn't want it going to court either

harmony · « **Reply #34 on:** November 24, 2016, 08:34:16 pm »

Quote from: pharnorth on November 24, 2016, 07:41:59 pm

They can carry on wandering but a few pigs might cause some to change their habits. Congratulations on a really good outcome. I suspect they didn't want it going to court either

If they believe a right exists then the fencing and running pigs could be seen as an obstruction and result in a claim.

Buttermilk · « **Reply #35 on:** November 25, 2016, 07:54:54 am »

However fencing for the pigs shows a reason and not just a nimby owner. I would fence a section for now and add pigs then next year fence more, move pigs. This way you are not suddenly stopping access for all.

harmony · « **Reply #36 on:** November 25, 2016, 11:14:06 am »

Do you actually want pigs? Seems there are two threads here about the same issue. Maybe close one?

HowardHen · « **Reply #37 on:** December 01, 2016, 09:27:59 am »

Hi all,

Were looking to buy a house where there is a shared drive.
The neighbour of the house that were buying owns the driveway.
The deeds that Ive seen has no mention of the drive being shared.

The houses were built in the 1930s and have garages, however they were added at a later date.

The neighbour brought their house 12 years ago, with the vendor of the house that we want to buy,
buying theirs 6 months later.

My question is,
because the driveway has served both properties before the current owners moved into their houses,
could it be argued that there is right of way/access for both properties on this driveway under the 20yr contestant
and uncontested use law?

Many thanks :0