Right of Way

[ChasHes]

According to her deeds, my daughter has right of way over an adjoining property the owner of which, is denying her that right. He has erected a fence, planted a tree and built on the land, all of which, in addition to his verbal denial, physically prevent her accessing her right of way. Can she remove the fence and cut down the tree ( a diseased conifer) in order to physically enforce her rights. Also, if she continues to press for her rights is there any time limit after which her lack of use `time bars' her rights?

[factor-fiction]

Is it causing her a real problem, Chas? It seems to me that taking this sort of action could lead to an escalation.. Have attempts been made to resolve it peacefully or via a solicitor?

[murraymints]

would not just do it.needs sorting properly..has she spoken to neighbour with a copy of deeds that show her right of way..does she need it ?...in Scotland if you ring fence a property or area of land and it goes unchallenged ..then you have prescriptive title after 10 years..not sure if this applies to access rights...you have to live with neighbour though ..does she need this access for anything ?..could cause a problem if and when she wants to sell..

[buildersmate]

In England & Wales (I don't 'do' Scottish law), there is no time limit beyond which she 'loses' the right of way. The right is permanently attached to the land title - both hers and the adjoining owner.

You could always check the wording of the neighbour's Land Registry title to confirm what it says.

Erecting a fence and tree-planting can always be reversed; building over the line of the right is a rather dramatic escalation of the issue and one she should perhaps consider seeking legal advice over.

[danchip]

has the neighbour provided an alternative route of access across the land? If they ahve then i believe they are well within their rights to do what they have done!

[ZedBloke]

This is the sort of thing that starts WW3 between neighbours, usually unnecessarily. Yes side A has a right, yes side B is preventing them from using it. Now stand back. Ok side A has the right but is not having it causing an inconvenience? I don't know but is this a technical point? does your daughter have general access without use of the disputed area? Is she just enforcing it because she can? From the other side is the neighbour making some aspect of living there day to day more difficult by blocking the disputed area?

Anyway to answer the question, she has no right to touch anything not on her land. Save over hanging branches etc.

However I would urge caution before starting a 10 year legal fight and lining the pockets of grateful lawyers.

[ZedBloke]

I don't know the circumstances but personally I'd rather not have someone walking past my living room window even if they have the right.

[jewellerjim]

yes Zedbloke, but if that was the case you would not buy a house where your neighbour has exactly that - this needs sorting quickly and properly as there will become an issue if the owner comes to sell the property. You must always keep your right of access active.

[atalanta]

If there is a right of way over your property, you cannot just change it from one place to another, just because you want to. This has to have official recognition, and a case has to be heard. Supporters may include other neighbours, protesters may include The Ramblers. In fact, the Ramblers have just lost such a case near Banbury. It took the property owners years to get it changed because a path came too close to their home. Ask the Citizens Advice.

[tonywiltshire]

This right of way is usually referred to as an easement and should be registered on both sets of title deeds , a legal easement that is registered against the title will bind future purchasers under section 62 of the of property act 1925. By planting a tree and building a fence and other structures the neighbour could have caused interference or wrongful obstruction and this must be challenged as it will probably affect the property value.
I agree with F30 and BM, suggest to your daughter that she takes all the information, if possible with photographs of before and after, to a local Solicitor and ask him to write to the neighbour asking him to reinstate the right of way, if he does not your daughter may have to go to court, but court should be the last resort.