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Discussion in 'Tenant Farming, Subsidies, BPS & Legal Issues' started by countryman765, Feb 12, 2018.
Anyone used this? Is it a criminal offense? Or civil law?
All depends on circumstances I surpose , solicitor job rather than a farmers job me thinks.
Neighbours narrowed driveway down and artics are struggling to get through. Going up this morning to clear the way just need something to quote if old bill turns up. My right of way is clear on deeds
Does it give a width? We had a track altered recently and had the width stated on the new deeds, 12' same as the gate. Avoids any future arguments.
No hope for agreement. as wide as entrance about 20 ft
Just don’t turn it into criminal damage. Have a reason for what you may be about to do such as animal welfare rather than just access and because you are p1ssed off.
My argument would be that the gates. entrances are an indicator of the size of vehicle expected to use access, unless it is an ancient byway with limited space due to dry stone walls/banks etc, I would expect that the law would favour you. Again it is in the detail, has your property always been an agricultural/commercial operation, if so then I expect you are in the clear, if however you have changed use and are placing a higher burden on the access then you may not be as lucky.
That's how I read it. Seeing how self propelled is 10f 6 and we've been using one for 20 years plus don't see how he has a leg to stand on
Daily access for milk tanker for donkeys years?
I would certainly mention compo for loss of goods if tanker access is obstructed
I would advise against confronting a neighbour head on anyway. At the first hint of opposition, say nothing, phone plod, and request assistance to prevent a breach of the peace!
There is bound to be a reason the neighbour has acted like this, address the reason while you are at it.
Drive is on map from pre 1906 we have been here since 1928. Always been in milk
. Besides him being a bullying idiot not aware of any reason for him to do this
Can't say much more but matters well inhhand. Will say more once sorted
Had a reply to first solicitor s letter stating I only have access for horse and cart on his deeds. Etc. He's had a 2nd letter, copy of our deeds, copy of Warning from creamery to us and until tomorrow to clear it or we will. I hear on grapevine he won't clear it so fun and games next week
What’s he narrowed it with?
Rebar and telegraph posts
Enough to scrape artics and stop tankers and forager coming down
Keep us posted