Right of Way V's Gentleman's Agreement ?

Chevy RV

Hello Everybody,

I am just trying to find out how rights of way are actually established.

My late uncle allowed a brother of mine walk his cows to a grazing block about 1/2 mile away along one of his fields. My brother already had a longer and slightly poorer access to his land. The purpose of the access was to make it easier for the cows to be moved.

Ten years later my brother has sold out his cows and gone for early retirement.

He is adamant that the passage across my late uncle's farm is his. Can this be the case?

There was no written agreement of any description drawn up between them.


Regards,


Chevy RV

The part time boy

Give lots of money to solicitor and barrister and ye may find out .

Mine field !

restive

I do not think so. To establish a modern right of way written consent would have to have been attained from his uncle with maps etc submitted to the Land Registry outlining the right of way.

discodaveirl

Is it on the deeds? If not forget about it..

The part time boy

Lads I don't think yer right to say if it's not written down forget about it . A lot of right of ways are not written down

https://www.lynchsolicitors.ie/news/registration-of-rights-of-way/

However for a non registered right of way to kept I think you have to use it once a year . So if your brother not been milking cows for 10 years I presume his not been using it At least once a year . But if he was using it to move dry cattle only once a year it might still be there

J.O. Farmer

Chevy RV wrote: »

He is adamant that the passage across my late uncle's farm is his. Can this be the case?

Reading this is it a right of way or the actual land he's trying to claim.
A right of way is only access across somebody else's land.

fepper

J.O. Farmer wrote: »

Reading this is it a right of way or the actual land he's trying to claim.
A right of way is only access across somebody else's land.

I wonder has the land being sold on as op has stated that his uncle has passed away in the meantime and maybe new owners are not agreeing to this right of way entitlement

myshirt

Few remedies here in estoppel. Bottom line though is to act adult and be reasonable, because it's the lawyers that win here if emotions get involved and people start getting angry.

The part time boy

fepper wrote: »

J.O. Farmer wrote: »

Reading this is it a right of way or the actual land he's trying to claim.
A right of way is only access across somebody else's land.

I wonder has the land being sold on as op has stated that his uncle has passed away in the meantime and maybe new owners are not agreeing to this right of way entitlement

Or the op got the land from his uncle !

fepper

The part time boy wrote: »

Or the op got the land from his uncle !

Could be the case alright

Chevy RV

Hello All,

Thanks for the great replies.

I would like to add some clarifications here:-

Yes, i have inherited the land from my late uncle.
Yes, my brother is trying to claim the land as well as the right of way - eventhough there was no agreement in place or it is not on the land registry or folio.

I am hoping to sell the field that the access is in. He has no interest in buying it as he has gotten out of cows. He is unwilling to give up the access though as he claims he got it from my late uncle?

This is going to create a problem for a possible sale unless i can get it sorted easily.


Regards,

Chevy RV

Bass Reeves

As far as I know it takes either 12 or 20 years to secure a right of way. If there is no written agreement your brotheer has no claim.

The part time boy

What kind of term are you on with your brother ?

Is he pissed off you got the uncle land over him ?

If it was me I trend very carefull. Is this worth falling out and not talking to your brother for ever .

If it was me I forget about right of way , past agreement and legal rights and wrongs
I would sign over 12 feet strip by the ditch and give him access and the land under It. However if he wants that land he must put up a new fense and plant a new hedge .

If your selling the field a 12 foot strip less won't make much difference

I view my relationship with my family is worth more

Chevy RV

The part time boy wrote: »

Or the op got the land from his uncle !

The part time boy wrote: »

What kind of term are you on with your brother ?

Is he pissed off you got the uncle land over him ?

If it was me I trend very carefull. Is this worth falling out and not talking to your brother for ever .

If it was me I forget about right of way , past agreement and legal rights and wrongs
I would sign over 12 feet strip by the ditch and give him access and the land under It. However if he wants that land he must put up a new fense and plant a new hedge .

If your selling the field a 12 foot strip less won't make much difference

I view my relationship with my family is worth more

I would agree totally with you but he feels its his and would not allow access to any potential buyer of my area to use it as well as a common right of way eventhough he now has no use for it after selling his cows .....therein lies the problem

Username John

Chevy RV wrote: »

I would agree totally with you but he feels its his and would not allow access to any potential buyer of my area to use it as well as a common right of way eventhough he now has no use for it after selling his cows .....therein lies the problem

So what happens if you go to sell it now? Presumably there is nothing defined legally, so a solicitor check wont reveal anything?

It would be a question of whether he blocks the sale - and I assume he could do this, only by engaging a solicitor himself?

If twas me, I'd offer him the 12 foot passage, in writing... If he refuses, plough on with the sale. If he causes issues, again, go with the offer of the 12ft passage...

Not much more you can do...

But - having said all that, I accept its easy to talk, when tisn't my own family...