Tortious interference with business

beefandsleep

Member
Location
Staffordshire
I have been told that it is illegal to reduce the width of a byway once it is established. If you have evidence of its previous width, photographic or written testimony from other users then that should be sufficient but once the full width is established get it stated in the land registry supported by said evidence. It is likely to be treated as a civil matter by the police if on private land anyway so crack on and rip the bollards or whatever it is out.
 

countryman765

Member
Location
cardiganshire
At all times hereafter by day or by night and for all purposes with or without horse cart carriage wagons traction engines motors whether used for pleasure or for trade purposes or any other vehicles propelled or drawn otherwise than by horsepower or by human power laden or unladen to go pass and repass and to drive cattle sheep and other animals over and along said road ....... From my 1928 deeds
 

Badshot

Member
Location
Kent
At all times hereafter by day or by night and for all purposes with or without horse cart carriage wagons traction engines motors whether used for pleasure or for trade purposes or any other vehicles propelled or drawn otherwise than by horsepower or by human power laden or unladen to go pass and repass and to drive cattle sheep and other animals over and along said road ....... From my 1928 deeds
If that's on your deeds he hasn't a leg to stand on.
Do it legally, not forcefully, if you're an nfu member they will help with fees probably.
 
Yes Nfu membership pays half or I have insurance policy covering100% legal fees with Nfu. As long as we have greater than 50%chance of winning we are well covered That's been the delay waiting for insurance
Maybe get your solicitor to right to him saying that he is responsible for all damage to vehicles and any interruptions to your day to day running, and request a public liability policy number from him until the obstructions are moved. Sounds lame but has worked on a lane here!
 

puppet

Member
Livestock Farmer
Location
sw scotland
This is a bit like an Archers episode. Is there a follow up? Have you had any deliveries? Has he helped you dismantle it all having thanked you for clarifying the deed? Are you still in one piece?
 

countryman765

Member
Location
cardiganshire
This is a bit like an Archers episode. Is there a follow up? Have you had any deliveries? Has he helped you dismantle it all having thanked you for clarifying the deed? Are you still in one piece?
Didn't want to tempt fate by replying to soon! We cleared it Monday after asking for police to come and keep the peace, they did not turn up. Haven't seen or heard from neighbors. Deliveries were just scraping through before but it was tight as more than one artic had lost the covers off the wheel nuts. Apparently neighbor is telling people that he has offered to sell me the ground for 200k then 60k but I never took him up on the offer. First I heard of it so not sure what his game is. No reason for me to buy it as I already have full rights over it. Wouldn't be able to get planning for houses on it or anything else. So all I would gain by buying it is peace of mind for the future but at close to a million pounds an acre he can stick it where the monkey hides it's nuts
 

Badshot

Member
Location
Kent
IF it was offered for sale, at £50k or so, I'd snatch his hand off. Yes he's holding you to ransom a bit, but it'll be a lot better in the long run. You can easily spend that, and a lot more on solicitors, very quickly.
 

countryman765

Member
Location
cardiganshire
He will probably sell and move at some point in the future anyway. Then buy the place, keep the lane and sell off the house putting whatever covenants on the deed you deem appropriate. Bide your time.
He paid over £800000 for house buildings and 7 acres then spent another £200000 plus doing house up. Been turned down on planning for the field so is worth a lot less now in my opinion.
 

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