Possible to gain squatters rights on Right of Way?

paddywhacked

Hi, this is my first post and I would be grateful for information/advice members could give me about the concept of adverse possession as when I googled squatter rights etc, it led me to the other discussion on this site. But my question refers more to squatters rights on a right of way.

The background is this: I pass through a right of way along one side of a vacant site to get to my own house and the right of way has been there for 30 years.
The site along which the right of way runs has never been developed and has lain empty for as long as I can remember but the fact that the site is vacant has led to it being used for dumping and antisocial behaviour (drinking, drug-taking by local youths, etc). The area is a bit of a no-man's land/free for all but all the messing has been affecting me no end and I've been cleaning up the dumping and debris for years.

In order to stop the dumping, anti-social behaviour etc, I would like to investigate taking possession of this right of way and maybe try to erect a private gate at the entrance which would effectively block the revellers and dumpers.

Due to the time elapsed and the fact that the other site has not been developed and the owner plays no part whatsoever in the upkeep, what are my chances of taking adverse possession of this right of way? Or is it even possible to take possession of a ROW?

Would be grateful for opinions from anyone whose had experience of this type of thing.
Thanks
Paddy

Tom Young

Did you read and understand the forum charter?

paddywhacked

Yes, have read the charter and understand it completely. I'm merely looking for some general advice as to where I stand before pursuing this further.

Thanks

seamus

Paddy, while I'm happy enough to allow people to point toward various items in terms of property law and rights-of-way, I'm going to leave this open as I get the feeling that you're more interested in getting some initial information/research before approaching a solicitor to make your case.
The general rule is "no legal advice", but I'm satisfied that you're not looking for any

paddywhacked

Thanks Seamus, I'm not looking for anything concrete as I know it's a fairly complex issue and just need more background on the thing before I decide whether or not to pursue it further. As I said, it's my first post so apologies if I've stepped out of line or done something inappropriate.

grumpytrousers

If the right of way is used by A, over land owned by B and goes ALONG land owned by C, (and it's C's land where the party is at!) I'm not sure that A could do anything as such without going into occupation of the entirety of the land owned by B. In other words, if it's an acre size field and the right of way is a few metres wide up one side, then A can't just 'squat' on the right of way cos that's effectively a man made feature on a map transposed onto the real world. He'd have to squat the whole acre field. 12 years of not paying rent and treating it as his own, and he MIGHT have a chance of closing off the right of way. Of course, in general a right of way will never be closed off as long as to do so would leave other land locked...

mods - i've read and re-read this and while it sails close to the wind of real life situation, i don't think it crosses the line...delete/edit at will!

Victor

Is it a public or private right of way?

Is it in use only by the potential squatter (and family, etc.)?

Would erecting a gate block someone else's right of way?

You might talk to your council. Many are happy to close minor rights of way to discourage anti-social behaviour. Other councils are conscious to the loss of the right of way though.

Jo King

A right of way is an easement. An easement is not possession. In order to acquire squatters rights possession adverse to someone must be established. Possession must be exclusive for this purpose. Sharing the derelict ground with drunks etc is not exclusive possession.

dermot_sheehan

If it's a private right of way (i.e. only benefits the owner of a plot of land) it can be given up by either release or abdonment. Release is when the current owner of the right of way signs a deed releasing it with the owner of the land the right of way passes over.


Rights of way can also be abandoned however this is very diffciult to prove, you need to show the owner of the right of way or his predecessor in title for many years had an intention to abandon it, by not using it and not suing to keep it unobstructed, I assume this is what you meant by acquiring it by squatters rights. Unlike suing for possession of land however there is no definite time set down in statute, the right of way must be allowed to have been obstructed for so long as to show an intention to abandon.

If it's a public right of way, it can only be extinguished by the local authoirty going through a particular procedure under the roads act 1993.

Victor

I thought that there was something about having to use a right of way once a year to keep it open - or is this merely best practice. Certainly I think it would be gone if not used in 20 years (time immemorial).

One certain way to prove a right of way isn't in use is if it is obstructed.