Question about a ford(river crossing)

einstein

Member
Location
Rutland
Can anyone shed any light on this?
I own an orchard with a small river running past it.
There is a ford across the river..to the field the other side which has just changed ownership. The new owner lives on my side of the river and without consulting me has started using the ford for crossing.
When I bought the house my deeds showed that I owned the track running down to the ford..should the new owner have asked my permission or is he within his rights to start using it
The ford hasn't been used by vehicles since we last farmed the field probably in the mid nineties...bar the odd crossing by a horse now and then.
I don't mind him using it...just would have been courteous to talk to me.
It's all happend while I'm out of the country aswell.
Im sure he has done his homework and I'm guessing that by him acquiring the land it has given him the right to cross the river..as he owns half of it now.
TIA
 

Mouser

Member
Location
near Belfast
Can anyone shed any light on this?
I own an orchard with a small river running past it.
There is a ford across the river..to the field the other side which has just changed ownership. The new owner lives on my side of the river and without consulting me has started using the ford for crossing.
When I bought the house my deeds showed that I owned the track running down to the ford..should the new owner have asked my permission or is he within his rights to start using it
The ford hasn't been used by vehicles since we last farmed the field probably in the mid nineties...bar the odd crossing by a horse now and then.
I don't mind him using it...just would have been courteous to talk to me.
It's all happend while I'm out of the country aswell.
Im sure he has done his homework and I'm guessing that by him acquiring the land it has given him the right to cross the river..as he owns half of it now.
TIA
If you dont mind just dont mind, lifes too short.
 

Andy26

Moderator
Arable Farmer
Location
Northants
You need to view the deeds for both properties, your property might not show a right of way, but the other parties does.
You can view on Land registry the title but will need to send away for a copy of any covenants or otherwise filed.

I have a neighbour who when registering his property for the first time 'forgot' to declare the right of way we have in our benefit over his property. We don't need to use it and haven't for a long time, but our solicitor was very confident it would remain our right in perpetuity and didn't matter if we used it or not.
 

Goweresque

Member
Location
North Wilts
It’s never too short for crap like this, I spend a chunk of my life fixing stuff that people let roll. We have a quite valuable tractor in the local farming museum as it was just loaned with no agreement and there is no way to get it back.

I quite agree. The best time to sort things is when they happen, not after years have passed, half the people involved have moved on or died and there's no records of anything. Plus whatever you've turned a blind eye to has been happening for so long its become a right anyway, regardless of whether there was one in the first place.
 

einstein

Member
Location
Rutland
Screenshot_20211112-153045.png
im standing on the road to take this photo.my deeds show my boundary finishes at the wall to the right. My orchard is to the left of the hedge. It's part of the field across the river that he requires access to.
 

Dry Rot

Member
Livestock Farmer
Looks like access to water for livestock to me. No evidence of vehicular access on the other side. The deeds need looking at, then maybe local residents who may remember former use.
 

einstein

Member
Location
Rutland
Looks like access to water for livestock to me. No evidence of vehicular access on the other side. The deeds need looking at, then maybe local residents who may remember former use.
I've been in the village longer than anyone.Apart from my dad.
We used to take a combine and tractors and trailer s over the ford...up to the mid 80s.
Since then the field was accessed from the other side.
 

einstein

Member
Location
Rutland
Who owns the land between the wall and the hedge?
As far as I understand it I own that bit of land. At least that was highlighted in red..as part of the land I was buying.
I think the question to be answered is does a right of way exist across a ford even if access to the ford is across private land.
 

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