Please could you help? right of way access problem

sarahlangford

Hi there, I wonder if anyone can help, my mother is currently being taken to court by some very unscrupulous people over a right of way. These people bought parts of a field (about 1/3 acre)from its owner back at the beginning of 2000. The access to the field is via my mums gateway and right of way has always historically being granted for agricultural purposes. Back in 2004 they were trying to park cars and caravans on their plots, one of the parties left a portacabin which was eventually taken away by planning. At this time the local beach was blighted by illegal raves and lots of mess and damage was left. One weekend, notices were put up throughout the village advertising car parking space on part of the field and my mum said no to access rights. This is a beautiful and protected part of North Devon and my mum was fearful they were going to start using the land for amentity purposes. To cut a long story short she has never denied use of the gateway for agricultural purposes but now they have grouped together (3 parties) and are taking her to court. My mother doesnt have lots of money to fight this its already cost thousands, they have recently trespassed on my mums property taking photos etc. all parties live over 200 miles away. We are fearful that they will win and my mum loses everything. does anyone have any advice???

DVardysShadow

Advice? Get a good solicitor to advise on the matter. Or roll over and give in. With ca rparking being advertised, I think your mother would probably have a good case to refuse, but it all depends on the rights which the other side have and the evidence for those rights. Which is why you need a good solicitor over and above any advice you will get here.

sarahlangford

thanks, she has got solicitor, but mum has to do a statement back to them now, she has 28 days? I was just seeing if there was any one who had had similar experience, its cost thousands already, although my mum works not massive salary....

CloudCuckooLand

Go to the council, too. Surely they will have concerns about protected landscape.

Any National Trust land nearby?
SSSI?
Local/national newspaper?

etc

sarahlangford

she did go to the council two yrs ago when all this started, they dont seem interested, most of the countryside around her is national trust but again national trust cant help as this is private property, the people who have taken my mum to court applied for planning to put a new gateway into the hedgeway to create a seperate entrance and it was turned down as the hedges are protected. My mum has said they can have access for agricultural purposes but they have still taken her to court! Earlier this week they came and trespassed on my mums land (climbed over a bank!) and took photos? when my mum went to ask what they were doing, the man ran away and his wife hurled abuse at my mum, in my opinion they are bonkers but courts are funny places.....

BornAtTheRightTime

Your mum's solicitor should help her with the statement if she has any questions or is struggling to complete it.

merlyn217

I recommend you post your question on this forum - I've found them quite enlightening in the past.

http://www.gardenlaw.co.uk/phpBB2/viewforum.php?f=8&sid=2226829bdd11e7e77d1ab0e1b82d3dfb

Cyril

if they don't want access for agricultural only what do they want the access for. If its for something the planners wouldn't allow anyway I can't see its worth their trouble.

I'd ask your solicitor to find out and defend on the basis of what is received. Without knowing what they want the additional access for I can't see how you can prepare a case of objection. Also the fact that the planners have already removed unauthorised structures can't give their cause much sympathy.

It maybe your mum has got their back up by refusing access temporarily so they are going for unrestricted access.

One of the things most people consider when buying land is shared access. I know I was adamant I wouldn't buy anywhere with this cos I know the hassles it brings.

G_M

The two routes to fight this are the Planning Dept (illegal use of agricultural land) and the courts.

Critical will be the wording and historic use of the right of way. Does it actually say 'access for agricultural use' or just 'right of access'? Perhaps it's always been assumed it for agricultural use, since it is agricultural land? If so, if the land use changed, the right of access might change - hence the importance of Planning Dept.

Presumably it limits access to the owners of the land, so car parkiung by others would not be permitted.

But your solicitor should advise on this. Don't forget, when sh wins in court (!) she'll be able to reclaim her costs.

Get a camera and take photos of anyone trespassing. Better still, install CCTV on her house/tree wherever to permenatly record her land and record anyone trespassing - it can be done for a couple of hundred pounds.

sarahlangford

thank you to all I will pass this information on to my mum, its all a bit horrid, she did get some photos from when one of these people came onto her land earlier this week!

isplumm

sarahlangford wrote: »

thank you to all I will pass this information on to my mum, its all a bit horrid, she did get some photos from when one of these people came onto her land earlier this week!

Hi ... I assume your mum hasn't got legal cover through her home insurance?

Mark