Quizzes & Puzzles26 mins ago
Off Road Access To Home
We live in a rural setting off road. The only car access we have a via a bridal path that is not owned by us or part of the national road network.
Can the owner of this path prevent us from accessing our home by road.
We have lived here for over 13 years.
Can the owner of this path prevent us from accessing our home by road.
We have lived here for over 13 years.
Answers
Define 'prevent' eg physically or via legal channels
18:17 Thu 14th Oct 2010
I always understood that bridle paths are for public use (hence bridle for horse riders to use). However a bridle path is just that - for horses and walkers, not cars - it says here that a public bridleway is a public right of way, but not for cars. http://en.wikipedia.org/wiki/Bridle_path
Is a bridal path the route a newly-wed takes to church? - oh, you meant a BRIDLE path. I see.
Right spelling lesson over, the answer is that you have no right of way to pass and repass along this track because the owner wishes to stop you and the only right of way that exists for all (the public) is that for horses and on foot - not by motor vehicle.
You have 2 options:
negotiate for an easement with the owner of the track. You will have to pay money for this - as much as the owner can extract from you. In return you would get a legal entitlement to pass / repass by motor vehicle.
you could investigate (via a solicitor) whether you can claim an 'easement of necessity'. I am not clear exactly how these work, nor the legal process by which they are claimed. To be able to claim at all, I am pretty sure that your land must not abut any public highway that you could otherwise use to drive a new track through in order to reach the road.
Right spelling lesson over, the answer is that you have no right of way to pass and repass along this track because the owner wishes to stop you and the only right of way that exists for all (the public) is that for horses and on foot - not by motor vehicle.
You have 2 options:
negotiate for an easement with the owner of the track. You will have to pay money for this - as much as the owner can extract from you. In return you would get a legal entitlement to pass / repass by motor vehicle.
you could investigate (via a solicitor) whether you can claim an 'easement of necessity'. I am not clear exactly how these work, nor the legal process by which they are claimed. To be able to claim at all, I am pretty sure that your land must not abut any public highway that you could otherwise use to drive a new track through in order to reach the road.