Help please, I think I am going to explode....

empy

Thank you all for your replies.My husband has just gone round to the neighbours and spoke to them about the farmers proposal, they will be getting in touch with their solictors tommorow aswell.
teabelly, the layout of it all is that we own oneside of the track our neighbours own the other and the track runs down the centre leading to the farmers field, it is about 100m long and 3.5m wide and the farmer wants to put a gate at either end and barbed wire fencing and put sheep in there, for a start it means that we will no access to our garden at all neither will our neighbour and we will have sheep right next to our house, and I mean right next to our house as we are built on the boundary.
I think he is doing it to be a ahole to be honest as he is 74 and only has this field left which he has left fallow for the last 4-5 years.

jtb2412

He is just kidding himself if he thinks he can prevent you from using your right of way, especially as it is on your deeds ! (It's a bonus that it is on your deeds as lots of old rights of way are just verbal agreements that date back hundreds of years - that's where the trouble usually starts !)

You might like to point out to the farmer that he could end up with an ASBO (seen that happen before too!) if he continues to cause trouble and he could be bound over to keep the peace if it gets too far out of hand.

Personally I would go and seek advice from a solicitor a.s.a.p. and ask if there is some kind of letter that they could write to the farmer explaining the need for him to NOT prevent your using the right of way. It may just do the trick and show him that you mean business. It probably wouldn't cost too much (shop around for a solicitor (like you would for a car) if you haven't already got one !) and it could nip things in the bud before they get out of hand.

However, please bear in mind the farmer is within his rights to erect a gate on his own land, but the gate must be kept unlocked at all times to allow you access and if the access is used for vehicles then it must be a large enough gap to allow vehicles through. HTH

Let us know how it goes.

Generali

Perhaps you and your other neighbour could go halves on the solicitor to reduce costs. These sorts of disputes have a nasty habit of dragging on....

PasturesNew

You might also point out to him that:
- He does not have a piece of land with a right of way across it.

He has:
- Two pieces of land. One either side of a right of way.

This alternative way of looking at things can straighten crooked minds.

Anyway, you have the deeds, so as the others have pointed out, just photocopy/scan/print them and show him the copy

Good luck!

redcar_2

He must recognise there is a right of way as otherwise why would he put gates at either end? I presume you wouldn't be able to use your right of way by these gates? I kind of visualise that the barbed wire will block your access? Is your right of way at a particular point on your boundary where there is currently a gate of some kind?

Solicitors will get expensive. I don't know about you but I'd resent some old goat making me pay for a solicitors letter to tell him what should be plain anyway. If you are going to have to pay for the pleasure, would it give you more satisfaction to be able to make him take down part of his fence or prevent him from putting it up in the first place?

If you want to get in in advance I'd try just writing to him first explaining that he can't block your right of way with the copie sof deeds etc and perhaps a few relevant print outs of legal bits and pieces. I'm sure if you scour some of the neighbour dispute sites you will be able to see the type of thing to include legally. I'm no expert but I think it sounds as if he can put his sheep there. Maybe you can wait until you see what he has done before firing off the solicitors letter if needed. You never know he may well know what he can get away with and just be annoying you by threatening that he is going to do more when actually he won't.

chappers

In the shell of a nut , if it clearly states on your deeds that you have right of access over his land (and it will also state the same in his title) then no he cannot prevent you crossing his land.
However I suspect he is well within his rights to put gates/fences up and keep sheep on the land, unless it categorically states in his deeds that he can't .then it would only be the original beneficiary of the covenant who could dispute him doing so, your right of access should remain unchanged unless the right was specifically granted to one particular individual(can't see your solicitor not picking this up when you bought though).

Lomion

I can see a load of sheep "escaping" and roaming the countryside in this farmers future :rotfl:

Debt_Free_Chick

empy wrote: »

the layout of it all is that we own oneside of the track our neighbours own the other and the track runs down the centre leading to the farmers field

I'm confused now ... firstly you say that you have a right of way over the track .... but now you say you own half of it.

Either way, I guess it doesn't matter much ... but just wanted to be clear.

nobblyned

Debt_Free_Chick wrote: »

I'm confused now ... firstly you say that you have a right of way over the track .... but now you say you own half of it.

Either way, I guess it doesn't matter much ... but just wanted to be clear.

I think the OP means they own to the land to one side of the track, bordering the track, rather than owning half the track.

OP, check whether your house insurance has legal cover, this can usually be used for disputes such as this.

Imp

Slightly left field, how about delivering a nicely worded note showing your concerns, a copy of your deeds, a plan showing a mutually acceptable alternative, a bottle of nice wine and a request to site down with him and talk it over.

He may be used to the school of hard knocks, where the person who lands the first punch wins the fight. You could try a softer, mellower approach.