Land Access Rights

[SARMOO]

About 30 years ago their neighbour started to rent a section of the land behind the properties from the farmer. At this point they claimed the access as their own and started to use and maintain the access. Over time there was a dispute between the farmer and the neighbour which resulted in court action to remove the tenant from the land. However, the individual continued to claim the access track as their own and has done for about 20 years now. They fenced and gated off the area even thou it was the access to the field, but as this was not the only access this meant that the field could still be used.

About 5 years ago the neighbour moved out of the property next door, leaving the track filled with rubbish, a caravan and an old car and has not maintained it at all. The farmer removed some of the junk but the old neighbour returned claiming the land was still his and his property should not have been removed. I am not sure what the outcome of this was but the fencing and gates are still in place.

It's now come around that we have the opportunity to rent the field behind the property from the original farmer but we would need to use the track as our access to the field as the field has been split into two with the other access being used for the other side of the field.

What we are now trying to determine is whether the old neighbour had the right to claim the access as his own? The land has not been registered with the land registry but reading some details that after a period of time you can claim the land as your own then this could be true. However, if you do claim it as your own should you complete the claim by registering the property with the Land Registry. If you don't do this is there anyway that someone else can then claim the land back from you. Also, if he is now not maintaining the land and its all over grown could we take down the fencing and gate and turn it back into an access track?

There was a court order for the neighbour to be removed from the property but I am not sure whether this would have included the access track as well. As the track was access for the cow field for many years before all this does this make a difference?

 

[chipchap]

Don’t get involved would be my advice.

 

[betweenthelines]

From what you say it appears they have had exclusive use of the track for 20+ years.

Registered or not, I can't see that being overturned.

 

[Frank-the-Wool]

Probably too late to do anything.
However a good property lawyer might be able to sort it out plus a legal bill in the tens of thousands!

 

[ISCO]

12 years exclusive possession without consent means you can claim land by adverse possession. Even if the former neighbour is successful in claiming the land as his it will still be subject to any rights of way that exist..
Does the fid you may rent have a right of way on the deeds over the track? If so then that can't be disputed.
If no right of way is in the deeds then 20 years use as an access establishes a prescriptive easement for access..
If you are just renting short term then if problems develop you can always walk away. Bigger risk if buying it when it becomes your problem.

 

[serf]

Thought the farmer would be " once bitten " on said bit of land and to not "rent " it out again

 

[SARMOO]

Just looking at the Land Registry plan it states the following:

A: Property Register continued 6 (15.05.2008) The registered proprietor claims that the land in this title has the benefit of a right of way at all times and for all purposes over the roadway tinted brown on the title plan. The right claimed is not included in this registration. The claim is supported by statutory declaration(s) dated 14 March 2008. NOTE: Copy statutory declaration(s) filed.

The access is tinted brown on the plan which is the bit the neighbour has gated restricting access and claims is his property.

Would this mean that we do actually have access rights? any thoughts? If so, what would be your next steps - should we get anything confirming this to cover our backs should the difficult neighbour disagree.

 

[ISCO]

An entry like that will normally be accepted by a buyer together with indemnity insurance. I think you should be fine however as said above, if there was a problem you can walk away as only tenant.
It would be good if you could obtain a copy of the statutory declaration to see how long they claim to have used the access. If they had used since 2001 then this would be 20 years in total and should be upgraded to an easement.

 

[betweenthelines]

As far as L R are concerned the neighbour now owns the access and the owner of the field is claiming a right of access over it.

My concern would be that, despite the statutory declaration how would the field owner say he has used the access as stated in the declaration if the owners of the access have kept it gated and locked? As you say, there is another access to the field.

 

[SARMOO]

Do you know how we go about obtaining a copy of the statutory declaration?

 

[ISCO]

Do you know how we go about obtaining a copy of the statutory declaration?

The LR entry you have quoted states that a copy is filed. You should be able to download this for £3.

 

[Nearly]

The LR entry you have quoted states that a copy is filed. You should be able to download this for £3.

plus another £3 for a map.

 

[TechWise]

Surely it's up to the field owner to sort stuff like this out before offering the field for rent? Why should you pay a rent without a clear understanding of what's included and what's not and what access rights you have? I wouldn't be paying for the privilige of walking into an ongoing dispute. Just my tuppence worth.

 

[Exfarmer]

Ownership and right of access over this land are two very different things.
Even if you have right of access over this land, does not automatically mean you can access the piece via this land .
It is incredibly complex and if thereis an on goung dispute, I would be very wary of getting involved