Any ideas regarding access issue to field?

princeofpounds

I'd be surprised if you didn't win, should you demonstrate that there has been access for the time period suggested. You almost certainly have an easement over the property for access and possibly for use of the facilities too.

If it has gone this far, you are unlikely to get any positive response from the opposing side as the standard course of action is to deny your claim at any opportunity. Settlements only occur at the last minute, as they can always hope you get priced out of justice (looks like it's working).

I am astonished at the costs being quoted by the barrister. Whilst I don't know what is and isn't included in that estimation, it seems high. Perhaps a different barrister might be better value, there's no shortage of them around if you aren't looking for Mr so-and-so QC.

You do realise that if you win the case it is very likely the opposing party will be asked to pay your costs, or at least most of them? For this very reason it's possible a barrister might consider a no-win no-fee deal.

lincroft1710

The "field" which you accessed no longer exists in the same form as when the accesses were made. The college have a perfect right to fence their land and protect it from harmless or harmful trespass. Even if they had not fenced off the accesses, none of you have a "right" to use the college's facilities unless by invitation or arrangement.

Has the college's development of this land devalued your property? Possibly by a small amount, but possibly less than if a housing development was built on the land and I've never heard of a developer being successfully sued by existing houseowner for loss of view/privacy etc. The courts would be awash with such cases.

How much would access to a non exclusive piece of land add to the value of a house bearing in mind this access could be removed at any time? Very little I would suggest.

I would firstly check out the 20 year rule, I think it may apply to rights of way, which this appears not to be.

I can appreciate your point of view, but I consider the college's development will benefit many of its pupils and taking them to court may be counter productive.

princeofpounds

I would firstly check out the 20 year rule, I think it may apply to rights of way, which this appears not to be.

You are confusing rights of way easements (which can occur anywhere - even over a private drive or garden) with public footpaths (which are rights of way but specifically marked).

If the gate has been in operation for 20 years then a right of way almost certainly exists no matter what has been done with the field. And there even may be a right of use over the space (although this might fall under the village green opportunity that was missed).

lincroft1710

princeofpounds wrote: »

You are confusing rights of way easements (which can occur anywhere - even over a private drive or garden) with public footpaths (which are rights of way but specifically marked).

If the gate has been in operation for 20 years then a right of way almost certainly exists no matter what has been done with the field. And there even may be a right of use over the space (although this might fall under the village green opportunity that was missed).

Can you direct me to the legislation regarding this please as I'd like to have a read of it.