ChatterBank1 min ago
Private Right of Way
A farmer has a legal private right of access across my land to his field beyond. A crude map of the 15 ft wide track is lodged with the Land Registry. Prior to my purchase in 1995, the previous owner moved part of the track without formal agreement by the farmer. The farmer has continued to use the new track for 15 years without complaint; the unused part of the old track is lost under landscaping. I feel we should draw up an agreement for the moved track. The farmer will probably want an ungated track 20 ft wide. I want it the width of the old track (15 ft) and gated. Does the old agreement still have legal standing? Could I force him to use the lost track or could he insist on using it? Does the farmer's use of the new ungated and indefinite width track for 15 years mean he could insist on an agreement on that basis?
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Anything registered at the LR has a standing. However boundaries and tracks are generally shown on LR plans as 'General Boundaries'. This means that the exact position isn't determined (by the LR). So the absolute position of agreement on the track isn't determined by the plan.
This needs proper (and paid for) legal advice.
Just ask yourself whether this actually needs good money spending on it first. What difference will it make to you now or in the future (in terms of ther value or opportunity afforded by your asset)?
This needs proper (and paid for) legal advice.
Just ask yourself whether this actually needs good money spending on it first. What difference will it make to you now or in the future (in terms of ther value or opportunity afforded by your asset)?
Thanks for the reply. I take your point about the registered route. In fact, the old line of the track (the bit moved by the previous owner of my house) is significantly less convenient for the farmer than the current route. I have read that under such circumstances, ie the farmer still has unhindered and convenient access to his property, he would have difficulty in enforcing the old route even if he wanted to. The farmer has never expressed a concern to me about his current route. I would like to draw up a new agreement but worry this might stir up a hornets nest. I want to know what are possible legal consequences if I do nothing and try and sell my property. I guess this will need professional legal advice and a consultation with the farmer!
As a general principle, the longer the status quo goes on, the more difficult it is going to be for the farmer to argue that the earlier regime is valid. He does have a legal right of access, as you acknowledge. I wonder whether the old regime does actually specify in words that the track is 15 feet wide? - if it does that is the width. if it is 20 feet now (and you have allowed it to 'grow' over the years, then eventually it will be become a 20 feet wide track in law.
The legislation by which these sort of arrangements happen (in England & Wales) is by the Prescription Act 1832. Google it for more info. The gist is that he would need a minimum of 20 years access without permission, in secret, reasonably continuously, after which he could claim a private right of way. You farmer already has such an access agreed - your issue seems to be whether that access could shift over time. On that specific point, I am not sure.
The legislation by which these sort of arrangements happen (in England & Wales) is by the Prescription Act 1832. Google it for more info. The gist is that he would need a minimum of 20 years access without permission, in secret, reasonably continuously, after which he could claim a private right of way. You farmer already has such an access agreed - your issue seems to be whether that access could shift over time. On that specific point, I am not sure.
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