ChatterBank1 min ago
right of way
the back of my garden faces onto an open field and is owned by landowner.I have a fence and gate which I use to take my dog for a walk on the field. There was a gate there when I bought the house and has been a gate there for a number of years. the neighbours border path runs at the back of my fence and gate. The previous owner did not object to me using my gate to gain access to the field. Th new owner has now extended his garden out onto the land in front of his fence and has said he his putting his shed on the land in front of my fence and has said that i am trespassing if i go over his path to get to the field. He has now blocked the entrance saying he does not want people to get on his garden because he has not put a fence up yet. I said he has no right to block the entrance as this is not his land and I unblocked the entrance to gain access to the field.(but he will probably block it again) The gate opens into my garden but he says he can block the gate up so I cant go on the field. I have been told about possesery right of way and also been told by land registry that what he is doing is adverse possession of land. He does have resticted convenent in his deeds stating not to go over the land but obviously ingnoring this. He says he will get his solicitor to say that I have no right of way. Is there anything I can do
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One wonders about the role of the landowner of the field in all of this. The simplest thing to do is for you to tell him/her that someone is trying to nick his land by Adverse Possession! Then he reclaims his land back before he loses it - and you get your dog-walk field back.
At least you do until the true owner of the field decides that he/she doesn't want you in their field anymore.
You have no other options, because, from what you say, you are not going to be able to claim a private right of way over the field because you are not using it as a 'path' to get from your gate to a road the other side. You seem to be using the access to merely walk around the field with your dog. You would need to demonstrate use for over 20 years as a 'path' from A to B to stand a chance of acquiring a private right of way.
At least you do until the true owner of the field decides that he/she doesn't want you in their field anymore.
You have no other options, because, from what you say, you are not going to be able to claim a private right of way over the field because you are not using it as a 'path' to get from your gate to a road the other side. You seem to be using the access to merely walk around the field with your dog. You would need to demonstrate use for over 20 years as a 'path' from A to B to stand a chance of acquiring a private right of way.
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