Right of way Question.

crackcrack30

If a row hasn't been used for over 25 years is the rite of way gone?

hugo29

crackcrack30 wrote: »

If a row hasn't been used for over 25 years is the rite of way gone?

Is it registered or unregistered

crackcrack30

unregistered

iverjohnston

crackcrack30 wrote: »

unregistered

Can you prove it has not been used in 25 years? If so, I would think it is no longer in existance.

leoch

is this registering thing in yet and could someone else who uses your lane register the row up the lane without u knowing

hugo29

leoch wrote: »

is this registering thing in yet and could someone else who uses your lane register the row up the lane without u knowing

It's not compulsory yet, you can register if you want now, if you don't own lane then yes someone else who also has row on same lane can register it, but that does not stop you from also registering,

leoch

I do own the lane so if I didn't register it could they still use it ? and they cant register it without my consent is this right?

hugo29

leoch wrote: »

I do own the lane so if I didn't register it could they still use it ? and they cant register it without my consent is this right?

Oh you own it, no they can not register without your consent, their solicitor has to write to you to ask your permission to register,
Check with your solicitor but I think u can't stop them until you prove row does not exist anymore ,

freedominacup

hugo29 wrote: »

Oh you own it, no they can not register without your consent, their solicitor has to write to you to ask your permission to register,
Check with your solicitor but I think u can't stop them until you prove row does not exist anymore ,

Be careful there's more than one man dead over a row about a right of way:eek:. Is it that much of an embuggerance to you?

hugo29

freedominacup wrote: »

Be careful there's more than one man dead over a row about a right of way:eek:. Is it that much of an embuggerance to you?

Yea was gong to say it might be easier if its not to much trouble to leave well enough alone, a lot of these old row also were only for livestock and people on foot, they might not have a row to bring machinery through and they may also be entitled to pay towards upkeep

cofy

We bought our site from my brother-in-law, and my husband decided to put a large 20 foot gate at the side of our house (right outside our bedroom window) so that he could get large farm machinery on and off the road more safely. He has his own gate which is perfectly adequate for smaller vehicles. This gate was only to be used 3 to 4 weeks of the year and only to be used by him and was never to appear formally on paper anywhere.

However, he is using the gate as a main entrance (himself up to 6 times a day), he also has his other brother & wife, vet, the mechanic, the mechanics son, the oil tank, the truck for fallen animals, and his friends using the gate. Sometimes when he has friends coming, and he does not want them to drive into his farmyard, he locks the gate forcing them to wait around our house for him. I do not know his friends and I have two small children so this is very annoying.

This drive has appeared on google maps, with our drive showing up as a public drive. My husband questioned how this appeared on maps as it is not clear from the air, he made out that it had something to do with the REPS man, is it possible that this is where google get some of their information? I have written to google maps, but they are slow in replying.

I do not want to fall out with my brother in law, but all of this is driving me crazy.

iverjohnston

Is it your husband or your brother in law who put in the 20 foot gate way?
Its not very clear from your posting.
Or did your husband put the gateway there for his own brothers convenience?

Instead of your husband questioning Google Maps about their mapping system, he should question his brother about the constant use of this gateway.

Or just take off the gates, give them to the brother in law, and dump a few loads of soil in their place, and shape it into a ditch and plant a row of holly or whitethorn or something.

cofy

iverjohnston wrote: »

Is it your husband or your brother in law who put in the 20 foot gate way?
Its not very clear from your posting.
Or did your husband put the gateway there for his own brothers convenience?

Instead of your husband questioning Google Maps about their mapping system, he should question his brother about the constant use of this gateway.

Or just take off the gates, give them to the brother in law, and dump a few loads of soil in their place, and shape it into a ditch and plant a row of holly or whitethorn or something.

Thank you for replying, my husband put the gateway there for this own brothers convenience.

He has questioned his brother but we are just ignored. I even typed up an agreement to be signed just between the two brothers but he refused to sign it. We don't want to take it away from him completely, we just want him to use it for its intended purpose, but it looks more and more likely that we will have to do as you suggest and take down the gates.

hugo29

cofy wrote: »

Thank you for replying, my husband put the gateway there for this own brothers convenience.

He has questioned his brother but we are just ignored. I even typed up an agreement to be signed just between the two brothers but he refused to sign it. We don't want to take it away from him completely, we just want him to use it for its intended purpose, but it looks more and more likely that we will have to do as you suggest and take down the gates.

take it down, technically speaking you can not provide a new entrance without planning, fire that at him if he tries to put it back

if he is ignoring you and refuses to sign anything then you are going to get nowhere so you might as well do as iver says now

cofy

hugo29 wrote: »

take it down, technically speaking you can not provide a new entrance without planning, fire that at him if he tries to put it back

if he is ignoring you and refuses to sign anything then you are going to get nowhere so you might as well do as iver says now

Thank you so much for your help - very much appreciated, but unfortunately the gate has been there for just over 7 years so I think this affects the need for planning permission.

iverjohnston

Always a pity when you are taken advantage off, and no-body does it better than family! You are in an awkward position, and make no mistake, you will be painted out to be awkward/ unreasonable/ troublemaker etc., etc. Its a lose/lose situation, so you might as well have your privacy and not have your yard a public thoroughfare . The knackery lorry is just rubbing it in.
You asked nicely, so have no regrets.
"Stand up and be counted, or lie down and be mounted."

yellow50HX

cofy wrote: »

Thank you so much for your help - very much appreciated, but unfortunately the gate has been there for just over 7 years so I think this affects the need for planning permission.

whose land is the gate on? is it on your land and so anything entering the farm must cross your site? or is on the adjionign land and the traffic must pass by your site?

if it on our land then just tell the brother in law your taking it down as your worried the children will run out in front of a lorry or tractor passing by the house. If it on his land then i'd say you'll just have to grin a bear it.

stick a sign saying to go to his house if its locked

cofy

iverjohnston wrote: »

Always a pity when you are taken advantage off, and no-body does it better than family! You are in an awkward position, and make no mistake, you will be painted out to be awkward/ unreasonable/ troublemaker etc., etc. Its a lose/lose situation, so you might as well have your privacy and not have your yard a public thoroughfare . The knackery lorry is just rubbing it in.
You asked nicely, so have no regrets.
"Stand up and be counted, or lie down and be mounted."

Brilliant. A laugh really is a great stress reliever.

iverjohnston

Was thinking about this a bit more, was pressure washing, so not too much brain power required for that job! Make sure there is nothing in the deeds of your house, from the time you bought the site. Ask the solicitor to double check. Not doubting your husband, but be sure of your ground. Legally.
Then when you are with the solicitor, make very sure that the brother-in-law does not try and register a right of way through the gateway. 7 years use already, so get moving. Good luck!

crackcrack30

if its your gate put a lock on it until you sort out something agreeable to both of you
, as above I think the figure is 12 years use for ROW.......

cofy

crackcrack30 wrote: »

if its your gate put a lock on it until you sort out something agreeable to both of you
, as above I think the figure is 12 years use for ROW.......

After using it for 12 years, does it automatically become a ROW or does it have to be registered. I just checked with my husband and he is not sure if the gate is on the boundary or completely on our property (I was always given the impression that the gate was on our property). The gate was built by both my husband and his brother.

hugo29

cofy wrote: »

After using it for 12 years, does it automatically become a ROW or does it have to be registered. I just checked with my husband and he is not sure if the gate is on the boundary or completely on our property (I was always given the impression that the gate was on our property). The gate was built by both my husband and his brother.

Ok I am confused, where is this gate, adjacent your property or on your property, does the access gate mean vehicles traversing your property to get to your brother in laws land or do the vehicles run adjacent to your property never actually crossing your property

cofy

hugo29 wrote: »

Ok I am confused, where is this gate, adjacent your property or on your property, does the access gate mean vehicles traversing your property to get to your brother in laws land or do the vehicles run adjacent to your property never actually crossing your property

The gate is beside the right gable wall of our house, you then have to go down our driveway to get out onto the road.

freedominacup

cofy wrote: »

The gate is beside the right gable wall of our house, you then have to go down our driveway to get out onto the road.

Lock the gate at the road That's yours.