Substantial interference on Right of Way.

Nomisrelda

Good day, 
I have a field.
the neighbour has a 15 foot right of way along one side of it.
he wants me to remove my fence on our shared boundary, as his solicitor says it is 'on the right of way' It is....by some 3 inches. Is this substantial enough to be actionable?

Slinky

What do you mean by 15 feet? 15 feet wide, 15 feet long?

Keep_pedalling

Do you actually own the land the RoW is on?

BarelySentientAI

Nomisrelda said:

Good day, 
I have a field.
the neighbour has a 15 foot right of way along one side of it.
he wants me to remove my fence on our shared boundary, as his solicitor says it is 'on the right of way' It is....by some 3 inches. Is this substantial enough to be actionable?

If the boundary is definite enough that you can tell that it certainly is either not on your land or impedes the right of way, then yes, that's actionable.

Many boundaries are not that accurate.

the_lunatic_is_in_my_head

What’s the reason for this OP?

Does this 3 inches of space prevent them using the right of way (e.g narrow to drive down if they have right of way in a vehicle)?

What do you use your field for? Any animals, if not would your neighbour be happy with some metal poles concreted into the ground 3 inches over and no fence at all (unless your deeds require you specifically to keep a fence)?

ThisIsWeird

Nomisrelda said:

Good day, 
I have a field.
the neighbour has a 15 foot right of way along one side of it.
he wants me to remove my fence on our shared boundary, as his solicitor says it is 'on the right of way' It is....by some 3 inches. Is this substantial enough to be actionable?

Hi Nomisrelda.

How did anyone manage to determine the accuracy of an invisible boundary line that borders a field to an accuracy of 3"?

Section62

ThisIsWeird said:

Nomisrelda said:

Good day, 
I have a field.
the neighbour has a 15 foot right of way along one side of it.
he wants me to remove my fence on our shared boundary, as his solicitor says it is 'on the right of way' It is....by some 3 inches. Is this substantial enough to be actionable?

Hi Nomisrelda.

How did anyone manage to determine the accuracy of an invisible boundary line that borders a field to an accuracy of 3"?

The OP putting up their own fence just inside the agreed/marked/legal boundary is one way this kind of situation could arise... no idea whether that is what the OP is dealing with though.

(and a neighbour putting up a fence the other one doesn't like is just the kind of situation which could cause a "you can't do that, it is on our RoW!!!!" type of response, over a 3" strip along a 15' RoW)