# 3rd party with no land bordering a laneway has taken about 3ft  out of ditch?



## Bas (23 May 2010)

Confusing title probably, but here's the story.

Part of my land includes half ownership of a laneway with a right of way to another farm.

By half ownership, I mean that the property line runs down the middle of the laneway; I own the half running alongside my field and a neighbour owns the other half, running alongside his field.

One day last week, while both of us were away, a 3rd party (with no land bordering this laneway) has taken about 2-3 feet or so out of my ditch along the laneway.  I don't know why, but it's not the first time he's done something to my land; a couple of years ago he took out several trees along the same line and said that they were a nuisance, but in the interests of "being a good neighbour" I left it be (the trees weren't that good anyway so at the time I wasn't too bothered.
He has never had a problem getting farm machinery etc. up the laneway and has never in the past 11 years since I've owned the land ever said that he has a problem or asked me to clear it.

I do maintain the laneway, I'm very careful to spary and remove the 'bad' weeds from the ditches and to preserve the other plants.  I cut low overhanging branches and brambles etc., and we use it ourselves to access other paddocks.

I'm suspicios because he was taking photographs of the laneway just 3 weeks ago (totally out of character) so does anyboby have an idea of what he might be doing?

Also, any suggestions of what I should do next?  I will challenge him - politely - when I see him and ask him why, but unless there is a very good reason (I can't see what) then what next - a solicitors letter perhaps?

Finally, do yu think I would get the ditches, the damaged fencing, the primroses, bluebells, brackens and a number of other things reinstated that were destroyed by this man?


----------



## Complainer (23 May 2010)

What exactly do you mean when you say he has 'taken' the land?


----------



## ajapale (24 May 2010)

Speak to your solicitor, on the face of it he is interfering with your land.

Does he enjoy a right of way along the road?

How wide is the road?

Has he taken anything out of the ditch on the opposite side?

Does he own land elsewhere along the lane?

Are there any gates along the lane?

oh and again .... talk to your solicitor.


----------



## Bas (24 May 2010)

Hi Ajapale, answers below:

Does he enjoy a right of way along the road? Yes

How wide is the road? About 10 feet
 
Has he taken anything out of the ditch on the opposite side? No

Does he own land elsewhere along the lane? Yes, but 2 fields away from where he took out my ditch

Are there any gates along the lane? No

oh and again .... talk to your solicitor. 		Don't have one yet, but seems like I'll have to spend some money with one!


----------



## mackthencack (24 May 2010)

Just personal opinion based on what youve written.
He seems to be working to a plan. His first act - removing the trees - has had no objection from you and now he's moving on with the next part. He must feels that you  are an easy touch (and you have done nothing to challenge that view). If you dont do something soon he may have mateial evidence that he has incurred cost to improve\alter the right of way with your implicit approval. Suggest (strongly) he is instructed to immmeiately reinstate what he has removed...


----------



## Bas (25 May 2010)

I spoke to this man yesterday and he said he's going to install steel fencing and a pair of gates "to stop the cattle [not mine] from wandering onto my land".  So, why would he do this, at his expense, on someone elses land not bordering his own? 

Another bit of news this evening - a friend of mine has just been to the Land Registrey and ordered the OSI maps for my land.  According to the registry, there is no legal right of way shown for the track, so does this might mean that your man is trying to establish grounds to make a calim to the land as his own - thereby extending his farm access road?  As his father died back in January, I assume that he's been looking at the Land Registry entries and the maps and might have discovered this himself, which would explain why he wants to effectively 'close' the access road to his farm.
If there is no legal right of way but it's been used as such for many years and as there is now no other access to his farm, I assume I can't just close it off now - or can I?  Not that I would, I have no objection to him using it but I do object to him changing it.


----------



## csirl (25 May 2010)

Does he have a vested interest in having the laneway widened? Would he benefit from this e.g. would allow him to get planning permission for a couple of houses.



> so does this might mean that your man is trying to establish grounds to make a calim to the land as his own - thereby extending his farm access road? As his father died back in January, I assume that he's been looking at the Land Registry entries and the maps and might have discovered this himself, which would explain why he wants to effectively 'close' the access road to his farm.


 
If he erects a gate on someone elses land, then it is likely that he's thinking about adverse possession. The other thing he could be thinking about is enhancing the access to his farm - making it as wide as possible in advance of getting it registered as a right of way or a shared access road. 

Given the circumstances, you probably need to find a way of diplomatically refusing him permission to carry out any work on your land. Get your neighbour on the  other side of the lane on the same page as you, otherwise, he's likely to start taking liberties with him if he cant with you.


----------



## forgotten (26 May 2010)

Bas,
you must be new to the countryside(you said own the land for the last 11 years) or very easy going altogether to allow another man to take 3 feet off of your ditch and let him get away with it!!.
that man is playing you for a fool and if you dont stand up to him he will take some more-from what i can see here he is probably trying to widen the entrance way for his own reasons (maybe applying for planning permission on his own land afterwards which would need an entrance way that is wide enough for the planning department.)
now he is telling you that he is putting up fencing and a gate on your land and you wonder what he's up to? 
Forget being diplomatic about it(-he wasnt, he didn't ask,he took.) the country feud has already started and you dont seem to realise it.

You cant stop him from using the right of way but he does need your permission to widen it which you can refuse.and given his behaviour you should.
he cant put a gate across it as you also use it
.if he wants to block cattle the gate should be at the end of the lane where it enters his land and does not hinder your use of the lane.
he has a RIGHT OF WAY. you OWN the lane along with your neighbor .big difference between the two.
also replace the three feet or so that he took and tell him in no uncertain terms not to touch it again.
Where i come from there would be war if this happened.picks and shovels at dawn stuff!!


----------



## Seagull (27 May 2010)

Ask him to either reinstate it as it was ot offer suitable compensation. See how he responds.


----------



## forgotten (28 May 2010)

Well,Bas,have you spoken to him yet,
what does your neighbor that owns the other half of the lane think about the whole situation? 
be tough.the law is on your side.


----------

