Quizzes & Puzzles4 mins ago
how can i stop this
3 Answers
i would like to enquire about my legal rights of way concerning the use of an access lane to my land. the lane is an adopted highway by the council .i have used this lane for thirty years to get to my land where i have had {stables, haybarns, and garages}, the problem that i got is a new neighbouring land owner is narrowing this lane to which is making it difficult for me to use to get hay lorry's, skip lorry's and any other deliveries up this lane to which i had no problem before. also neighbouring properties to the lane either side have put walls along the road and have been impinging upon the lane without planning permission. please could you tell me what can be done to stop this from getting to a stage where i wont be able to drive my car up the lane. i have informed the council and my local councillor but to no avail
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If the land is an adopted highway then it is presumably owned by the Council. In that case, if people are encroaching on the land the Council ought to be concerned and take action. If they don't (& your contact with the Councillor doesn't produce a result) then you can follow the Council's complaints procedure and - if still not satisfied - then go to the Local Government Ombudsman.
However, you really need to be sure of your facts. What is the actual width of the land the Council own? Could it be that it is narrower than the land which has previously been used and the neighbouring landowners are simply putting fences etc. up at the correct bounday of their land? Try to get a Land Registry plan, which might show the proper boundaries of the lane - go to the land register online site.
Something else you need to check is whether your own title deeds give you any specific right of way over this lane. If so, what are the details and who granted the right?
However, you really need to be sure of your facts. What is the actual width of the land the Council own? Could it be that it is narrower than the land which has previously been used and the neighbouring landowners are simply putting fences etc. up at the correct bounday of their land? Try to get a Land Registry plan, which might show the proper boundaries of the lane - go to the land register online site.
Something else you need to check is whether your own title deeds give you any specific right of way over this lane. If so, what are the details and who granted the right?
the lane is included on neighbours title pian ie[ the map .] he purchased the land 7 years ago.we discovered that the lane has been adopted years before the neighbours came there . there are no actual measurments on my deeds or his deeds but it states on my deeds that i can take { wagons, carts lorries, etc,} up this lane it also says on his deeds that i can put amenites down this lane to serve my land . i asked my solicitor to tell the neighbours & the landowner on either side of the lane to stop encroaching on the lane . to which thay deny doing .as do the local authority deny that they have encroaced the lane i have photos of the lane before and after i am no longer using a solicitor because thay didnt get to grip with my situation. i would be grateful for any information.
With any right-of-way so long as you can get up it, with difficulty or even very great difficulty, that is the end of the matter and you have no cause for complaint. However if the seizures of land which you describe does eventually totally block you then the only effective course open to you is to go for an injunction against the offender(s). If unopposed this will set you back up to about �2000, if opposed as the loser pays everyone's costs you would have to set aside around �50000 just in case.
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