Who maintains a private lane

angels671

Hello all.
I am a newby here so hope I get this right, my husband and I are in a bit of a pickle. We purchased several years ago a property which is all on its own down the end of a private track, there is a barn further down and also 90 acres of trees, the guy who owns the trees also owns the track, the people who own the barn also use the track and have recently conducted their business from here, (with planning permission given) which means more usage to the track.

We have tried to maintain the track as best we can, it states in our deeds we have to help maintain it, but because the people now run their business from here it is in a dreadful state with over 70 pot holes, we have discussed with the owner of the track if he would maintain it and he has refused, stating that he does not use it so why should he....the people who run their business here have said that they would help maintain it as long as the owner has it put in his deeds that he also has to maintain it, this he has refused to do.

So, we are stuck with a very tricky situation, every time we fill the pot holes the other people drive so fast that what we have put in comes out !!

My question is: The track is now becoming un-usable for my car, does the owner 'have' to maintain it to a certain standard...

Thanks guys for any comments or help you may have....

AdrianC

angels671 wrote: »

...it states in our deeds we have to help maintain it
...

My question is: The track is now becoming un-usable for my car, does the owner 'have' to maintain it to a certain standard...

Nope. Not unless there's a requirement for him to in the deeds... Like there is in yours.

Is there in the other user's?

Of course, whose legal responsibility it is is one question. Who should be doing it in order to be nice neighbours...

G_M

1) guy who owns trees and track. What exactly do his deeds say about the track? About ROW over it? About maintenance? Please quote in full.

2) guy who owns barn. What exactly do his deeds say about the track? About ROW over it? About maintenance? Please quote in full.

3) You. What exactly do his deeds say about the track? About ROW over it? About maintenance? Please quote in full.

xylophone

it states in our deeds we have to help maintain it,

Who else has to help maintain it?

angels671

Thanks for your comments.

It is only our deeds that state to maintain it, it does not mention anything about maintenance in the other's deeds.

guy who owns track and trees, nothing about maintaining the track in his deeds, when he purchased it he was told that 'others' maintain it,

guy who owns barn, does not have ROW, he is now claiming ROW due to prescriptive rights, no mention of maintaining the track.

Our deeds state a ROW, and to help maintain the track, the problem is that the guys who own the barn and now run their business from here, travel down the track in agricultural vehicles, and 4 X 4.

Their are approx 5 people that have ROW and only us that has to maintain it, ??

Flugelhorn

How did the barn manage to have no ROW but is actually further down the track?

Davesnave

If you can't beat them, join them. Buy a Land Rover Defender!

angels671

The barn used to belong with the property but was sold off before we purchased.

Wanderingpomm

If he’s got no ROW put up a gate

angels671

His ROW is not stated on his deeds, however he has prescriptive rights which he is now claiming, this is achieved by the predecessors of the barn.

Davesnave

angels671 wrote: »

His ROW is not stated on his deeds, however he has prescriptive rights which he is now claiming, this is achieved by the predecessors of the barn.

It's achieved when the track has been used without legal challenge for 20 years, probably because he was given permission.

You obviously didn't think I was serious suggesting you buy a vehicle suited to your situation, but it might be sensible, given the situation.

It looks like neither you or your solicitor looked carefully enough at the responsibilities detailed in your title documents, to work out whether they were equitably shared and how that sharing might be enforced.