Can you explain...about the ea and liability?If you previously used the crossing while farming the land opposite, you might be said to have created a 'right' - ironically against your subsequent interest.
Equally, if he doesn't own the track down to the crossing point, and a right to travel isn't identified in deeds.... he will create such a right over time.
Depending on local variables/personalities, I would be inclined to talk to legal professional, or direct to fella using the crossing, before matters become entrenched.
Liability when the EA come calling is a potential issue.
If he's been accessing the feild across the stream from his own property he's under no obligation to allow others to use his property as a though road.So if you as occupier of the field across the stream used this route for access, why do you think the new owner cannot or should not?
Looks like you live in an old mill!
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.
When 'someone or other' is found to be dragging an overflowing spreader full of slurry through the watercourse, using a tractor oozing transmission fluid out of one and and sump out the other, and squishing the rutted track in and out into porridge which is flowing straight downstream..................then wouldn't it become an issue the EA might look at.Can you explain...about the ea and liability?
That's a different kind of Ford.When 'someone or other' is found to be dragging an overflowing spreader full of slurry through the watercourse, using a tractor oozing transmission fluid out of one and and sump out the other, and squishing the rutted track in and out into porridge which is flowing straight downstream..................then wouldn't it become an issue the EA might look at.
Scottish law is very different to English in many waysIt will either be on your title deeds or not. It will be on his -or not. Phone your solicitor when you get back and they will get the details. I have rights of access through 2 neighbours gateways but it isn't on any maps, just our own plans.
Meantime enjoy your holiday.
I can help with this Nick.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.
Sort it out between you otherwise solicitors will be the only winners, just do a search on Land Registry, for a few quid it should tell you who owns the trackI can help with this Nick.
As follows .A/ You were aware of the purchase before you went away. This had been an on going discussion that we had spoken about at least 3 time before your holiday. It was just unfortunate that you was not around when completion took place. As you were on holiday for 6/8 weeks , work needed to be done whist the weather was good. I feel l have been totally courteous and would not be any other way . B/ The Ford has been used by your father when you rented the land, and this alone would have allowed for a prescriptive right even it there was not one. C/ You currently park on the council land that goes down to the Ford, it is not owned by you and is not in your deeds. Please speak to your solicitor for clarification . D/ The ford is for the use of the field's across the river and has no public access on to the land .
E/ As you will know the right of way across the bridge also crosses your land , again there is no public right of way apart from for me to access the land when required. F/ I retain my right to pass over the ford as and when required and this will not change.
Should you wish to discuss this further l would be happy to talk it through with you. Perhaps you could give me a copy of your deeds to show that you do in fact own the land and not the council . Its far better to discuss openly if there is a problem. But as you said l did my home work before l purchased the land.
And apert from all this you have been told l do not intend to use it anyway ,but retain the right