Easement, right of access across neighbours land

[Hereward]

A bit of a dilemma, a parcel of our land benefits from an easement, of a right of way, recorded on both parties deeds.
We haven't used it since we bought the land in the 1960s, as we own the adjoining land either side.
However this means we burden our neighbouring land and it's further to travel and over wet ground in the winter.
I think have avoided using the right of access for fear of upsetting the neighbour, however the right is clearly recorded and the ancestor bought the land in full knowledge of the right.

So do I tell them I want to start using the access, it's our right after all.

 

[Hereward]

To add, there are no gates now, both gateways have stock fencing over them.

 

[chipchap]

Let sleeping dogs lie.

 

[teslacoils]

You could pull the "it's my right" / legals move that a townie would default to.

Neighbour probably knows it's there. Little chat, mentioning the fencing. Perhaps even "find" that you've got a spare gate or two. Bish bash bosh.

 

[onthehoof]

Interested as we are in exactly the same situation right down to stock fencing across gateway

 

[Kidds]

So in the 1960's you were either granted or reserved the right of access via an old grey Fergie and 3 ton tip cart and having not exercised that right in living memory you now want to go through on a regular basis throughout the winter months with a 300 hp tractor and a triaxle slurry tanker?
And you think it might upset the neighbour?

A nearby farmer has done pretty much the same thing locally, facebook is lit up with the outcry.

 

[Levelsman]

A RoW is a RoW.

You only need to look at footpaths etc - are they being used for their original purpose?

Doesn't stop the world and it's neighbour from using and abusing!

 

[Hereward]

So in the 1960's you were either granted or reserved the right of access via an old grey Fergie and 3 ton tip cart and having not exercised that right in living memory you now want to go through on a regular basis throughout the winter months with a 300 hp tractor and a triaxle slurry tanker?
And you think it might upset the neighbour?

A nearby farmer has done pretty much the same thing locally, facebook is lit up with the outcry.

Yes rights reserved by deed.

If we wanted to sell this parcel of land we would need the right of way unless we burdened other land, but it has different beneficial owners so not an option.

The right is reserved as 12ft width and of stone base, vs our clay altertanitive.

Yes I think neighbour may be upset, but its not like we're claiming a right by prescription. Actually think we're being very reasonable having not burdened them so far.

Also as a trustee for other beneficial owners I understand I have a legal obligation to protect their interests.

 

[Hereward]

A RoW is a RoW.

You only need to look at footpaths etc - are they being used for their original purpose?

Doesn't stop the world and it's neighbour from using and abusing!

This is my thought the public don't worry about my feelings when they excercise their right.

 

[Hereward]

You could pull the "it's my right" / legals move that a townie would default to.

Neighbour probably knows it's there. Little chat, mentioning the fencing. Perhaps even "find" that you've got a spare gate or two. Bish bash bosh.

Oh it will be over a cup of tea, no guns blazing.

 

[steveR]

Yes rights reserved by deed.

If we wanted to sell this parcel of land we would need the right of way unless we burdened other land, but it has different beneficial owners so not an option.

The right is reserved as 12ft width and of stone base, vs our clay altertanitive.

Yes I think neighbour may be upset, but its not like we're claiming a right by prescription. Actually think we're being very reasonable having not burdened them so far.

Also as a trustee for other beneficial owners I understand I have a legal obligation to protect their interests.

Well you know who you can blame then, to deflect some of the flack that will be coming your way....

 

[Hereward]

Let sleeping dogs lie.

Done that for sixty years!

Its a legal right not trying anything underhand.

 

[Hereward]

Well you know who you can blame then, to deflect some of the flack that will be coming your way....

Yes already got that lined up!

All our land has different beneficial owners so need to protect all their interests.

 

[Forkdriver]

If I understand it, you have a right of way which you don't use, and don't need, but reduces the value of your neighbours land.

If you can not conceivably benefit from it, then you could offer to let them buy out the right as it's a valuable asset. If there's some future development value of either parties land hang on to it as it will increase in value. You don't have to use it, as it's enshrined in the deeds.

 

[Hereward]

If I understand it, you have a right of way which you don't use, and don't need, but reduces the value of your neighbours land.

If you can not conceivably benefit from it, then you could offer to let them buy out the right as it's a valuable asset. If there's some future development value of either parties land hang on to it as it will increase in value. You don't have to use it, as it's enshrined in the deeds.

We 100% need otherwise we have a large parcel of land unsellable.

 

[David1968]

I know hindsight's not a lot of use now, but the conversation with your neighbour would have been easier if you hadn't allowed the gates to be fenced over.

I don't think I would've let that pass.

 

[steveR]

We 100% need otherwise we have a large parcel of land unsellable.

Pretty well essential to get it opened up I would say then... and used a bit too.

Gotta say, @David1968 has a good point, but all before your time I will hazard...?

 

[Dry Rot]

Tactfully point out that you own a RoW and suggest that when that section has to be refenced that gates should be installed but as a gesture of good will you will contribute to 50% of the cost. I think it is necessary to mention the "good will" or it may become an obligation.

 

[Ffermer Bach]

To add, there are no gates now, both gateways have stock fencing over them.

I would inform the neighbour that you may use the right of way in the future, and replace the stock fencing with a locked gate. Yes, it will probably upset them, but I would just take it on the chin.

 

[Ffermer Bach]

So in the 1960's you were either granted or reserved the right of access via an old grey Fergie and 3 ton tip cart and having not exercised that right in living memory you now want to go through on a regular basis throughout the winter months with a 300 hp tractor and a triaxle slurry tanker?
And you think it might upset the neighbour?

A nearby farmer has done pretty much the same thing locally, facebook is lit up with the outcry.

what does the right of way say on the deeds? Does it mention width, maintenance etc?