Advise on right of way

Johnpboyy36

Myself and my father had land rented for over 30 year. He approached the owner to open a gap (for machinery and animals to enter and exit)in the ditch in the early 90's which we did on one condition the if the land was ever sold we were to close the gap. The land has passed on to a nephew and now his wife A few years ago a 1 acre site was sold and the original right of way was blocked up (which we also used)we informed the auctioneer and land owner about this. Recently the rest of the land was sold and I blocked up the gap on the advice of my parents. I' am now concerned that they will tried and open this gap on the lane as it is a on a public lane. Are we in trouble.

on the river

Johnpboyy36 wrote: »

Myself and my father had land rented for over 30 year. He approached the owner to open a gap (for machinery and animals to enter and exit)in the ditch in the early 90's which we did on one condition the if the land was ever sold we were to close the gap. The land has passed on to a nephew and now his wife A few years ago a 1 acre site was sold and the original right of way was blocked up (which we also used)we informed the auctioneer and land owner about this. Recently the rest of the land was sold and I blocked up the gap on the advice of my parents. I' am now concerned that they will tried and open this gap on the lane as it is a on a public lane. Are we in trouble.

like i said if recenty in use they might be allowed to use it.

as it was only a deal between your father and the previous owner maybe the deal has ended and does not exist anymore.

it was verbal not written.

Johnpboyy36

My father and mother are still alive, and were witness too the verbal agreement,and are seriously thinking about fighting this! I how ever are on their side but am worried about the cost as both of them are in they're 70s

on the river

Johnpboyy36 wrote: »

My father and mother are still alive, and were witness too the verbal agreement,and are seriously thinking about fighting this! I how ever are on their side but am worried about the cost as both of them are in they're 70s

Wait and see it is their move.

The waiting game is the option

Johnpboyy36

Thank you will keep you informed

234

on the river wrote: »

like i said if recenty in use they might be allowed to use it.

as it was only a deal between your father and the previous owner maybe the deal has ended and does not exist anymore.

it was verbal not written.

Yeah, this is why the OP needs to see a solicitor. Random internet advice is rarely good advice.

Johnpboyy36

So I just got home and this letter from the land owner solicitor was waiting for me.I have edit out the names to protect me and the land owner,solicitor name and auctioneer. It goes like this. "Dear sir, we are instructed by our client and her auctioneer that in the last seven days or so you have iterfered with our client's property without seeking or obtaining the consent of our client and in particular have closed up an entrance on our client 's property to a public roadway which has been in situ for upwards of twenty five years . You are fully aware that our client is elderly widow,that your actions are in trespass ,have been done without any contact whatsoever with our client and appear to have been done in a effort to frustrate our clients attempt to sell her property. You have been requested by on the 29th ult by our clients auctioneer to remedy your wrongful acts but you refused to do so. Kindly note that our client will take immediate steps to reopen the entrance and will hold you liable for the costs of same. Kindly further note that should be any reoccurrence on your part any persons claiming through you of such tortious acts, our client will seek legal remedy including relief/or awarded damages against you with out further notice. Yours faithfully their solicitor". On the 29 the auctioneer did ring me and I ask for my no to be passed on to the sellers,solicitors and the buyers of the land and I got this letter instead? And asked me to reopen the entrance which I said I would discuss with sellers,solicitors and buyers but not with him. So what are my options now? (A) try to resolve it with them or (b) do not give in(c) look in to my legal options

Johnpboyy36

234 wrote: »

Yeah, this is why the OP needs to see a solicitor. Random internet advice is rarely good advice.

What's op?

hullaballoo

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