Property Law Issue - Access Maintenance

[Finwoodhill]

I own a barn conversion which I rent out. It is situated at the end of a half mile long drive.

There are two other properties alongside mine - a farm and another (tenanted) barn conversion. The drive is owned by the farm owner and in recent years has fallen into a very poor state of repair, with huge deep potholes and, with all the recent rainfall, is almost impassible. My tenant has (quite rightly) complained about the damage that is being done to her new vehicle driving up and down and my neighbour's tenant likewise. The farmer is doing everything he can to avoid spending on drive maintenance and claims he has no money! (this is despite him spending an absolute fortune on his daughter's wedding and his beloved polo ponies!!) The deeds obligate me and the other barn conversion owner to each pay a third towards drive maintenance, which we are quite prepared to do, yet the owner (who should be instigating the work) is doing everything he can to avoid the issue. He has occasionally filled some of the worst holes with a bit of hard core, but this lifts out as soon as we have heavy rainfall and we are back to square one. Myself and the other barn owner have researched the options for having the drive resurfaced, but I don't think we should be doing this when the farmer will enjoy the benefits without paying. The deed say that he should maintain the drive "in the same condition" as the date they were drawn up (1986) but without photographic evidence it is hard to prove what that condition was, when he claims it has always been a rutty old track.
Both the barn conversions are luxurious and expensive and tend to attract tenants with nice vehicles. The farmer drives a beaten up old Land Rover - Can I take legal action against him to make him bring it up to scratch? I am on the verge of losing my tenant if this is not resolved.

[Old_Jim]

Legal action will probably be protracted and expensive (and more than the cost of resurfacing the drive). However, the threat of it might be sufficient to make Farmer Giles open his purse strings. Write him a formal letter pointing out his obligations and warning him of legal consequences. You can pay a solicitor to write the letter for you, but it's not going to say anything different.

[FredPuli43]

It is better to have a solicitor write the letter: " We have been instructed by Finwoodhill . She has a right of action.."etc or words to that effect, a standard letter but it has the effect of sounding as though you mean business and legal advice is in your favour.

I may say that the deed is very badly worded. The road might have been a rutted, pot-holed, farm track in 1986. It should have been worded with 'to be in a state suited to [name type of dwelling]..." or the precise work specified, the road to be maintained in good order thereafter.

[tonywiltshire]

There can be a lot of bluff in the law and very little action can be taken following the threat of action, the skill is knowing who is bluffing and who is not, let us hope the Farmer is well advised and avoids action in court and pays their share. I suggest you get your letter sent by a Solicitor outlining your options and get at least 3 quotations for the work or the number called for by the agreement, ensure you comply with the terms of the agreement whatever others do.

[tamborine]

Cant blame farmer for weather damaging access. As landlord its your responsibilty if you want to keep your tenant

[Finwoodhill]

Thanks for your advice everyone. Tamborine - I can't take action on a piece of land that does not belong to me!!

[FredPuli43]

You can take action. You have an easement, a right of way, with conditions attached. It doesn't matter that you don't own the land over which it runs :)