Access to my Turf through plantation

tommyc123

Hi,

first time user, hoping someone might have an answer on this one:

I own 8 acres of bog, in the middle of (surrounded by) a large bog which someone else owns all off, and has planted it all (privately) about 5 years ago, leaving me my access route to my bog plot (which is my only access route, and is a registered "right of way").

my father used to cut turf in our bog plot, but stopped. Then the surrounding bog was planted, and no one used our access road very much after this.

Now, I want to start using my bog plot again, and get some turf out of it, as I have recently lost my job, and have more time on my hands to do so!.

But, my access road is completely destroyed from the forestry, very wet, a lot wetter than it used to be. And a large fire guard (all the crust dug off the top of the bog so fire wont spread across it) now crosses through my access road, which I am unable to pass with my tractor

Can someone please tell me, who is responsible for maintaining this access road, and making this road more usable?

Is it my responsibility to keep / maintain it, or the person who owns the surrounding bog, and the land which the access road is on?

If it is my responsibility, can I gravel / drain it if I wish (at my own cost), to make it more useable ?

Base price

Is your right of way/access route clearly marked on your deed/land map?
If so then I would have thought that it cannot be blocked or interfered with without your prior consent or your father's.
To be honest it sounds like you will need to visit your solicitor
We have a right of way through 2 fields (along the headlands) and about 200 yds of a bog track to our bank. We and the other people who use the right of way have always maintained it. To my knowledge there is no legal agreement in place to do so either on the part of the users or the landowner. I suppose that it is something that developed over the generations.
The landowner always moves his cattle to another part of the farm when we are drawing the turf home.

Farmer Pudsey

It is the responsibility of the landowner on who'es land the ROW is on to maintain the right of way. This is quite contentious in some cases as often the person using the ROW may be moving heavy machinery over it and causing damage which the landowner is supposed to repair. Know of a case where a farm and house were sold in tow lots and lad who purchassed the farm insisted on only a ROW through house avenue. House owner has to maintain the avenue even though all the damage is done by farmers machinery.

tommyc123

" is your right of way/access route clearly marked on your deed/land map?"

Ya, clearly marked. Think its marked as a public right off way.
I need to check.

blue5000

Welcome to boards. Tricky one alright, have you maps? Take some photos of the road blockage and if you have any paperwork from your father about the ROW, go to a solicitor, you haven't said how long the forestry is planted, sometimes if you haven't used a ROW for a period of time you lose it.

tommyc123

blue5000 wrote: »

Welcome to boards. Tricky one alright, have you maps? Take some photos of the road blockage and if you have any paperwork from your father about the ROW, go to a solicitor, you haven't said how long the forestry is planted, sometimes if you haven't used a ROW for a period of time you lose it.

Thanks.

Its more of a public road than a row really. Its marked in yellow in the iso map on landdirect (what every that means) . . . But tis also on our own land registry maps.

Planted about 5-6 years ago.

Farmer Pudsey

tommyc123 wrote: »

Thanks.

Its more of a public road than a row really. Its marked in yellow in the iso map on landdirect (what every that means) . . . But tis also on our own land registry maps.

Planted about 5-6 years ago.

Yellow line is a right of way. Land registery will not register a parcel of land without it having access to it is my understanding. Such a righ of way cannt be extinguised again my understanding. If land has being unused by you and for over 12 years a third party can claim squatters rights provided they have used it iontinually and have improved it by errecting fences draining etc.

tommyc123

Farmer Pudsey wrote: »

. Such a righ of way cannt be extinguised again my understanding. .

Thanks farmer Pudsey, but what do u mean by above?

Also, if I wish can I just get a digger in and drain this row road? Wud nearly be easier than goin into solicitor, or bothering the old man who did the planting . Think he in a nursing home now !

ganmo

All ground must have access either by public highway or right of way.
The only way to extinguish a right of way into an isolated field is to make a new one

Farmer Pudsey

tommyc123 wrote: »

Thanks farmer Pudsey, but what do u mean by above?

Also, if I wish can I just get a digger in and drain this row road? Wud nearly be easier than goin into solicitor, or bothering the old man who did the planting . Think he in a nursing home now !

There is no reason why you cannot. If the old man that owns it is in a nursing home I would contact a relative and let them know what you intend to do jsut so there is no missunderstandings

tommyc123

Farmer Pudsey wrote: »

There is no reason why you cannot. If the old man that owns it is in a nursing home I would contact a relative and let them know what you intend to do jsut so there is no missunderstandings

Ya . . .. The Fire break is a disaster tho . . . . . Has a right balls made of my road !!!

ganmo

if you go through his fire break without clearing it with him(& him with his insurance) ya could be in doodoo if his trees go up in smoke

Farmer Pudsey

ganmo wrote: »

if you go through his fire break without clearing it with him(& him with his insurance) ya could be in doodoo if his trees go up in smoke

The firebreak should not have obstructed the right of way

ganmo

Farmer Pudsey wrote: »

The firebreak should not have obstructed the right of way

true but its in place now, the neighbours insurance is based on having that fire break in place, so if removed by tommy he could be up **** creek by voiding the neighbours insurance

tommyc123

ganmo wrote: »

true but its in place now, the neighbours insurance is based on having that fire break in place, so if removed by tommy he could be up **** creek by voiding the neighbours insurance

Shur how am I going to "remove it"? The fire guard is just the removing of the vegetation off the top of the peat. If anything ill only improve the fireguard when I'm sliding across it , and gettin stuck in the middle of it !!