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Right of way on a lane

  • 14-05-2017 1:14am
    #1
    clonion
    Registered Users, Registered Users 2 Posts: 8 ✭


    We are trying to sell a farm of land that lies at the end of a private lane. We have used this lane for 19 years, through inheritances it has been used continuously by family members for over 100 years. It crosses land owned by four different people. We are trying to get easements sorted. One person has signed without problem. The other three want to force a stipulation that whoever buys it must contribute towards the upkeep of the lane. There has never been an agreement over the maintenance; at most an understanding that all should contribute. Truthfully, most maintenance has been done by/for us, and we've rarely been compensated by the other owners. They all acknowledge that we use the lane, but are refusing to sign until we agree to some agreement.

    Our solicitor has told us that if we have to go to court to get them to acknowledge our use of the lane and so get the easement, we will win. But can they enforce that we sign their stipulation? They have been so awkward and band handed in how they have proceeded that we really don't want to do it - in part because the likeliest buyer is someone who isn't going to use the lane, or very very rarely; and in part because they have really got our backs up. If it's an inevitability, we'll agree, but hopefully you'll say we don't!


Comments

  • #2
    Ken.
    Closed Accounts Posts: 12,898 ✭✭✭✭Ken.


    What I'd do is sign their stipulation if they signed too and have it witnessed by a solicitor. Next time the lane needs repairs I'd send them all a bill with a photocopy of the signed agreement.


  • #3
    clonion
    Registered Users, Registered Users 2 Posts: 8 ✭clonion


    Barbie! wrote: »
    What I'd do is sign their stipulation if they signed too and have it witnessed by a solicitor. Next time the lane needs repairs I'd send them all a bill with a photocopy of the signed agreement.

    They haven't even approached the one person who has signed. It's only us.

    Further, we have discovered that we own a really tiny amount of the lane at the entrance. One person started to build a house and didn't get permission to cross this bit, they can go no further until we sign. They would be willing to sign it, but their solicitor represents another person and has told them to handle it together.

    However (!), of this second person, we have discovered that technically a bit of one of their fields is actually on our maps. Although we supplied him with all relevant maps, he doesn't appear to know this, nor has his solicitor noticed. We would sign it over to him in exchange for him signing our easement. He's also looking to sell soon and would need our permission for this tiny bit at the entrance of the lane. Again, he hasn't realised.

    That just leaves one, and the only leverage is this tiny bit at the entrance and if they ever sold, they would again need permission. But if the others can be negotiated with, surely she on her own can't enforce this?


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