ROW Dispute

[Johnnyboxer]

Venue owner's bitter rights-of-way row as farmer blocks land

Farmer says his land can't be crossed for business purposes after concrete blocks were laid across guest entrance at Brass Castle Country House

www.gazettelive.co.uk

Concrete blocks, installed and he'll have researched this

 

[Nearly]

'we just want to be left alone'...... you will be.

Mr Craggs will have done his research and I bet he's right.

 

[GeorgeK]

It seems it's a bridal way but no specific right of access? If so the farmer is well within his rights to place some concrete blocks on his own land in that location. That's how I read it anyway, good on him but he can't stop them making another hole in their hedge

 

[Highland Mule]

I'd imgine that there is a 'ransom strip' that the farmer owns between the ROW and the hedge. A decent fence along the outside of the ROW would solve the problem.

 

[Nearly]

It seems it's a bridal way but no specific right of access? If so the farmer is well within his rights to place some concrete blocks on his own land in that location. That's how I read it anyway, good on him but he can't stop them making another hole in their hedge

He has plenty of concrete blocks.

 

[7610 super q]

How much are these lego blocks ? Asking for a friend, ta muchly.

 

[Goweresque]

I'd imgine that there is a 'ransom strip' that the farmer owns between the ROW and the hedge. A decent fence along the outside of the ROW would solve the problem.

Not really, because it sounds like the hotel owners have a private right of way out of their property and over the farmland at that point (hence the gates in the photo). So the farmer can't impede their right of way to come and go through that entrance as private individuals, but he can impede the flow of business trade. Given you can't block the latter without blocking the former too, I suspect its one that will run and run and make some legal types plenty of £££.

 

[Highland Mule]

Not really, because it sounds like the hotel owners have a private right of way out of their property and over the farmland at that point (hence the gates in the photo). So the farmer can't impede their right of way to come and go through that entrance as private individuals, but he can impede the flow of business trade. Given you can't block the latter without blocking the former too, I suspect its one that will run and run and make some legal types plenty of £££.

Ah, gotcha. Missed the private bit - or at least didn't understand it as I'm not familiar with that concept. As you say, it will likely get messy and expensive.

 

[betweenthelines]

The hotel owners say they "own" the RoW which they cannot. The house owners (as it was before they turned it into a hotel) may have a Right of Access over his land, but it may well be for private access/access to a private residence/for residents only depending on the wording of the agreement. And it almost certainly is foot access only so the double gates are a try on.

The field may well a Public R o W in it that doesn't overlap the Private Right of Access.

People are confusing Private and Public Rights of Way-possibly deliberately.


I have a field with a private RoW over it for a neighbour to access a field "for farming purposes" He certainly couldn't stick caravans in the field and tell his customers to enter across my land!!

 

[Nearly]

I've a friend that owns the access to a group of houses.
They have residential access on their deeds for themselves.
One kicked off about muckspreading etc....
They all got a letter saying the access would be restricted to as on the deeds. No postman, no amazon guy, no guests, no removals vans or visitors.
Negotiations began and each house agreed to shut up and buy an upgrade to ROW.

 

[Goweresque]

I've a friend that owns the access to a group of houses.
They have residential access on their deeds for themselves.
One kicked off about muckspreading etc....
They all got a letter saying the access would be restricted to as on the deeds. No postman, no amazon guy, no guests, no removals vans or visitors.
Negotiations began and each house agreed to shut up and buy an upgrade to ROW.

How would you enforce such a restriction though? Its a similar position (one assumes) to the OP - someone has a private right of way, but is allowing it to be used for other non-private purposes. How does the person who granted the right prevent access by postmen/delivery drivers etc but still allow the private individuals access as per their RoW?

 

[Nearly]

He sat there at 4pm.
The message was soon received.

 

[teslacoils]

How would you enforce such a restriction though? Its a similar position (one assumes) to the OP - someone has a private right of way, but is allowing it to be used for other non-private purposes. How does the person who granted the right prevent access by postmen/delivery drivers etc but still allow the private individuals access as per their RoW?

Breach of covenant. Court order to refrain from breaching. Contempt of court if they continue. Contempt of court being the point here where civil becomes criminal. Or something like that.

 

[Goweresque]

Breach of covenant. Court order to refrain from breaching. Contempt of court if they continue. Contempt of court being the point here where civil becomes criminal. Or something like that.

So £££ on m'learned friends again then? Not my cup of tea. I like rights you can enforce on the ground, not via the courts only.
The old joke goes that if a man tries to mug you for your watch you should fight him, but if he sues you for it just give it to him, it'll be cheaper in the long run.

 

[Ffermer Bach]

Venue owner's bitter rights-of-way row as farmer blocks land

Farmer says his land can't be crossed for business purposes after concrete blocks were laid across guest entrance at Brass Castle Country House

www.gazettelive.co.uk

Concrete blocks, installed and he'll have researched this

I think a right of way can be for
social domestic and pleasure purposes
agricultural purposes
business or other purposes

looks to me, like their (in the hotel) right of way is for social, domestic and pleasure. I think they have either not realised there is a difference or tried to pull a fast one over the farmer who owns the lands with the access over it. Of course, it could be that they were unwilling to pay for the upgrade of their access and are just trying it on.

What would the value of the upgrade be? 30% of the increase in value of the property would be about right.

 

[J 1177]

Belive me knowing Mr Craggs he will jave done his homework, very switched on man

 

[Exfarmer]

We had a right of way for a local person , his family and friend over a piece of land we owned and they did to be fair warn us they were intending using this right to drive to the Island .
I responded that we were totally happy , but reminded them they were restricted to horse and carriage as in the deed of covenant.

 

[teslacoils]

Bloody love it when folk get bossed by a wise farmer