wording a letter

Grain Buyer · Dec 19, 2018

local farmer owns the private road a number of residence have the right to pass over. It's getting bad with potholes and I'm trying to think of a pleasant way to ask him to sort it out. In the past I bought some tarmac and filled them in myself, but he was quick to point out it was his road and for me not to get involved. I'm sure some of you will be in a similar situation....how do people ask you without sounding arsey or threatening legal action from the offset.

Adam@Rumen · Dec 19, 2018

Surprised he was bothered about you filling the potholes - guess he's not a fan of the road being used?

I'd go and see him personally. Ask him if they can be sorted one way or another and go from there.

Lincs Lass · Dec 19, 2018

Everybody send him a bill for suspension repairs and cracked alloys and he might do something about it

oil barron · Dec 19, 2018

Is it the actual access road to the residences or a short cut. What do your title deeds say about who is responsible for repairs?

betweenthelines · Dec 19, 2018

Pay a visit and politely ask if he would like people with a Right of Access over the lane to make a small contribution to repairs "as it needs doing"

If he's not willing to get repairs done, you could then write to him along the lines of "having offered to contribution to the essential repairs........."

I would think that failing to maintain the lane in a reasonable condition could be viewed as trying to deny access-same as a farmer not maintaining a stile on a Footpath.

spin cycle · Dec 19, 2018

face to face is only way IMO.....however you word a letter it can be taken wrongly...plus he'd think...'why didn't he just come and see me'

renewablejohn · Dec 19, 2018

Tell him you have found some really cheap material to fill the pot holes in even if you have to subsidise it yourself. Nobody likes to miss a bargain and once he is onboard then spread the subsidy as a contribution around the rest of the users.

icanshootwell · Dec 19, 2018

Send some gips around there with a special one off deal. They would have a part load left over from a previous job going cheap.

d williams · Dec 19, 2018

Lincs Lass said:
Everybody send him a bill for suspension repairs and cracked alloys and he might do something about it

I know where I'd file those invoices if you sent me those
It will be in the access agreements as to who repairs and maintenance responsibilities lay down to that will need reading very careful before anyone does anything stupid and gets farmers back up.!

7610 super q · Dec 19, 2018

Just point out the obvious, I suppose.
The road has potholes,
He won't let you fill them in,
Therefore, would he mind repairing them, and offer him a contribution.

Sounds like there's more to this than meets the eye.
Does he want you to pay £££££££££ and buy the road off him ?

RAF · Dec 19, 2018

Don’t get involved

Andy26 · Dec 19, 2018

Grain Buyer said:
local farmer owns the private road a number of residence have the right to pass over. It's getting bad with potholes and I'm trying to think of a pleasant way to ask him to sort it out. In the past I bought some tarmac and filled them in myself, but he was quick to point out it was his road and for me not to get involved. I'm sure some of you will be in a similar situation....how do people ask you without sounding arsey or threatening legal action from the offset.

A lot of old rights of access are just a right to pass from point A to B, there will no obligation on the landowner to maintain the surface unless there is a positive covenant on the title deeds to such effect.

Smith31 · Dec 19, 2018

Andy26 said:
A lot of old rights of access are just a right to pass from point A to B, there will no obligation on the landowner to maintain the surface unless there is a positive covenant on the title deeds to such effect.

I am not sure but I think the farmer will have a legal duty to keep the road in a safe useable condition, or may risk claims for damages. Obviously it all depends upon how the original agreement was worded.

Andy26 · Dec 19, 2018

Smith31 said:
I am not sure but I think the farmer will have a legal duty to keep the road in a safe useable condition, or may risk claims for damages. Obviously it all depends upon how the original agreement was worded.

Only if there is a condition to that effect. If there is one its also likely to obligate those who benefit from the right to pay a fair proportion of the maintenance.

How much · Dec 19, 2018

VIsit him first , if this side of christmas take a bottle with you if you think its appropriate just to break the ice a bit, follow it up with a letter in the new year if nothing is done. you residents are likely to have contribute reasonable cost usually to the work , find out from your deeds what the wording is so you can discuss it when you meet.

However It may be better to leave it til the new year now anyway , so it saves you a bottle

essexpete · Dec 19, 2018

Is the track used as main access to the farm. What proportion of traffic farm:residents?

jd6420s · Dec 19, 2018

Who has done repairs to the road in the past? If there is no obligation written in the deeds for either party to repair the road then the dominant owner of the Right of Way has an ancillary right to repair it. The servient owner of the land has no right to stop you. These things can get out of hand so you will need to tread carefully. It might be that he doesn't want you claiming ownership of the road by you carrying out the repairs to it. Or perhaps he might be just wanting to stop everybody using the road by making it impassable in which case you will have a problem.

Hfd Cattle · Dec 19, 2018

We own a lane to which 2 properties have a right of way over . The one resident couldnt care what the road is like but the other is a bit more concerned. He suggested that if I buy a load of stone and lend him my JCB then he will fill in the potholes. I readily agreed and the job was done.! I later found that he had managed to screw out of the other user half the cost of the stone making out that he had supplied it!
I'm looking forward to the next time he approaches me .......I will say with a little smile 'well apparently you supplied the last load of stone so you can supply this one ' but you can still use my JCB

neilo · Dec 19, 2018

Smith31 said:
I am not sure but I think the farmer will have a legal duty to keep the road in a safe useable condition, or may risk claims for damages. Obviously it all depends upon how the original agreement was worded.

What's a 'safe, usable condition' though? Passable on foot, or passable at speed in @Grain Buyer 's Ferrari? :scratchhead:

I'd avoid resorting to letters if at all possible. I know it gets my back up straight away when people do it to me, rather than having a civil word. Of course, the OP may already have tried that without success?

Andy26 · Dec 19, 2018

Case law Cole vs Carter,

Paragraph 8 is the relevant one of the Judges summary:

http://www.bailii.org/cgi-bin/markup.cgi?doc=/ew/cases/EWCA/Civ/2006/398.html

wording a letter

Member

Member

Member

Member

Member

Member

Member

Member

Member

Never Forgotten

Member

Moderator

Member

Moderator

Member

Member

Member

Member

Member

Moderator

0 %

Up to 25%

25-50%

50-75%

75-100%

100% I’ve had enough of farming!

Share this page