Mum had a letter from the ESTATE of a local feller who has land that Mum and her neighbors have enjoyed unfettered access over for as long as time has gone on (Or so it seems!!) Well at least 20 years. The access has NOT been stopped, it was attempted around 3 years ago but a local kid of around 10 broke the chain!!
The solicitors are now telling the local residents that they CANNOT carry on with using the land as an access to there property. They also PARK on the land and have done so for many a year!! Can the Beneficiaries do this LEGALLY?? Or is it like any land that if access has been enjoyed for a given time they have afforded access which has to be maintained??
Any??? Please PM me! Thanks!!

Contact the council.
They have all details on ROW.

I thought there was a right to access law that said if you have had been granted access for 7 or maybe 8 years then it legally becomes a right of way. I know there is a law about 20 years but I think that applies to farmers fields and the like (under the countryside act) BUT in the case of access to your property I am sure the timeframe is MUCH smaller.

After 20 years I'd of thought you'd have a very (very) good legal case - especially since it would appear that the main person to contest the claim would appear to be deceased (his families views on your previous use are really not relevant legally).

Oh, before contacting the council I'd contact a solicitor. Most (worth their salt) will give you an initial consultation FOC, and yes, it might cost you to use one to contest the claim BUT if the estate have a solicitor you really are likely to need one to defend your side of the argument!

Chris

If an individual has enjoyed a right of access for over 20 years which includes parking a car, and there is no specific agreement or objection from the owners during that period then you can claim a right of way. Its called a presciptive right

http://www.landregistry.gov.uk/assets/libr...nts/lrpg052.pdf

I assume the land is not registered as common land with the Council? if it is it complicates things. I suggest you try and remember exactly when it was first used by you/your mother and write it down with any other comnments like when they tried to stop it and either ring up your local Land Regestry or have a word with a Solicitor (Initial advice for up to 15 mins is usually free.

Good Luck

Dan

Surely It comes under the old "Habit and Repute" rule

Someone who in doing something by habit and repute is openly and publicly regarded as having the right to do so, even by legal purposes

or is this a Scotish thing, I know when I was working on the wards we won a fight when they wanted us to do dayshift we won because by habit and reput we were infact nightshift workers and couldn't even under contract be forced to work day hours.

[ 12. September 2005, 03:09 AM: Message edited by: Orca ]

If by your own admission there was a chain barrier put up and then removed by someone some three years ago then the twenty year rule has to be applied from then ; ie 17 more years to go.
Just because someone has used a path or track does not constitute a right of way under the highways act.
Church properties often have a permissive path over their land but close them every few years in order to maintain ownership over the land.
Some land owners inform the local authorities that they intend to close the permissive path and/or post notices up at the path point to inform any walkers that entry is barred.
The fact that entry was barred some years ago seems to suggest that the owner has exercised their right to ownership of the permissive path. A permissive path being one that the owner allows others to use but who may at their discression withdraw consent to use it at any time

.......but surely the rights were already established after 17 years on continuous use.

However, I feel the barrier should have been legally contested at the time,unofficial removal is not necessarily enough to maintain the right.

That's only my opinion based on what I remember of similar cases, I think you need professional legal advice Chris.

I think I'm right in saying that under the highways act you have to demonstrate and be able to prove unrestricted access for a twenty year period, any break in that means that the twenty year rule has to start all over again
Remember this is not access to Chris's mothers property or anyone elses property but access over someone elses land and different rules apply

I have had some experience of this and its difficult to accurately comment, because so many questions need answering, regarding what and when.
On the basis of what Chris has said so far, I believe Brian's comments are most valid.

Chris would do well to seek legal advice, but I would suggest that his Mother joins with the other people affected in doing this.
It will at least reduce their individual costs.