wording a letter
- Thread starter Grain Buyer
- Start date
kiwi pom
Member
- Location
- canterbury NZ
Is it the access road to the houses or some kind of cut through?
Why doesn't he want you to fix it at your cost? Has he fallen out with someone, trying to prove something, just a f**k wit etc?
If its a driveway can you not just fix the bit as far as your house? assuming the farms at the far end.
Why doesn't he want you to fix it at your cost? Has he fallen out with someone, trying to prove something, just a f**k wit etc?
If its a driveway can you not just fix the bit as far as your house? assuming the farms at the far end.
Go and see him, but know your subject in depth first. It will be easier if you can be civil and face to face is best. Offering to help with the repairs would be diplomatic.
If my neighbour's first communication was a formal letter I wouldn't see that as a friendly start. Get legal on him if that doesn't work.
If my neighbour's first communication was a formal letter I wouldn't see that as a friendly start. Get legal on him if that doesn't work.
- Location
- Lincolnshire
Carry on repairing it yourself and when he complains ask him to put his complaint in writing. Take his complaint to BBC Look North along with a sob story about the bad state of the road aggravating your chronic back condition and show him up for being the total arse that he obviously is.
- Location
- East Sussex
The only bit that confuses me is why he wouldn’t let you repair it. Might he be concerned that you put in a high bill for your services because he doesn’t understand the legalities? Get on top of that and you might resolve the problem.
I should imagine it is the residents problem as regards maintenance and , if used as a farm access as well, cost to be proportionally shared.
I should imagine it is the residents problem as regards maintenance and , if used as a farm access as well, cost to be proportionally shared.
- Location
- Lincolnshire
Follow that route and I’m not sure who the “arse is”
Well my suggestion was hyperbole to illustrate the point.
What I am saying is that the resident has every right to repair the road himself both legally and morally. As the resident, I would continue to do so and would write to the farmer asking but not demanding a proportionate share of costs.
If the farmer kicks up about it, then I'd tell him to seek legal advice and write to my solicitor following the proper legal route and see how far he gets.
Assuming nothing in the deeds to the contary, the resident(s) can repair and maintain the way, but cannot ask the landowner to bear any of the cost.
Now its likely the residents and the landowner benefit from the way being well maintained so you'd hope they could reach an amicable agreement.
If the way is merely access to a field for the landowner, used sparidocally, then its probably of little interest in maintaining the way. On the contary if its access to the landowners house or Farm yard then there's a vested interest in maintaining the way.
@Grain Buyer I would use a personal visit or phone call to open a dialogue, I'd be very surprised if you don't have the right to maintain the way, as you have previously. In which case its just courtesy to tell the landowner you are going to do it.
Asking the landowner 'to sort it out' is only an option if he's obligated to by a condition on the title deeds.
Grain Buyer
Member
- Location
- Omnipresent
So where does the peedo neighbour fit in???
that's the one.....hence why I can't go face to face. Thanks for the answers, I should have but a few more facts down....
The residence have a right to pass over the road but we don't own it. We must pay half of all costs, which we are happy to do. I would say the use of the road is near 50:50. It is the only access to the properties. I should point out that all the properties once belonged to said neighbour. Over the years he sold the farm house and barns for conversions so the fact he now has 6 families living along his track is entirely his own doing.
At the end of the day, I just need the holes filling in. Can't see the point in making the letter nasty, or threatening legal action.
fieldfarmer
Member
Probable best to stick to the facts then , given your relation ship, maybe include a scan of the relative part of the contract, he might not understand it or have even read it, but one here has to have 3 written quote's for everything, then all agree, then split 4 ways, would take a month of Sundays to get any thing done, we just sort of take in turns and all do a bit , what's he going to do dig the pothole out again if you the residents just filled them in ?
Ah, that changes matters somewhat.
Keep it civil - if you rapidly descend to their level you'll lose the moral high ground without necessarily winning the battle or war. Anything you put in writing needs to be written in a way that you wouldn't mind it being posted in the media.
Perhaps keep the first letter simple, without stating your full legal argument? You can leave the heavy stuff for subsequent correspondence. Offer to help organise the repairs & give a deadline for replying to estimates for materials & equipment.
Keep it civil - if you rapidly descend to their level you'll lose the moral high ground without necessarily winning the battle or war. Anything you put in writing needs to be written in a way that you wouldn't mind it being posted in the media.
Perhaps keep the first letter simple, without stating your full legal argument? You can leave the heavy stuff for subsequent correspondence. Offer to help organise the repairs & give a deadline for replying to estimates for materials & equipment.
Do any of the people using the Right of Way drive too fast along it? He might be wanting to keep the pot holes in place to slow the traffic down. He doesn't have a right to stop you filling in the pot holes but that could be his motive. I think once you can get a good idea as to what his motive is you will be able to come to some kind of agreement.
Grain Buyer
Member
- Location
- Omnipresent
the road has fields on both sides and is single carriageway, 30MPH is top speed.
Grain Buyer
Member
- Location
- Omnipresent
bugger it, just called him up and asked him to fill the holes in. He said he hasn't got any road chippings. I asked if I got a couple of tonne on my trailer, could I repair them........he said he'd have to think about it.
I like your neighbours business sense!
Get the product free and get well paid for time spent.
You should employ him.
Pieces_of_Eight
Member
Bingo.
I've known this before.
Farmer prefers people did 8mph on 'his lane', instead of 30mph.
Grain Buyer
Member
- Location
- Omnipresent
if I smash the suspension on my Lamborghini is he liable??
