# 'Right of way' now being blocked



## Newshound (8 Aug 2006)

A work colleague's brother is a farmer and has land adjoining a local co-op enterprise. The farmer (who inherited the land from his mother and deceased father) has understood and used what he understood to be a *'right of way'* alongside the buildings of the co-op for over 10 years. He would have previously accompanied his mother and father in using the access for over 15 years.

Now the co-op (who purchased their property approximately 10 years ago) has placed locked gates along the roads and blocked his access. They claim that no right of way ever existed. He has contacted the previous 2 owners and they confirmed that he did has access and in the past (when gates were locked due to security concerns), his family and he always had a set of keys to the said gates etc

Can anyone advise or recommend what course of action the farmer should consider?


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## Carpenter (9 Aug 2006)

I imagine the first action he should take would be to consult a good solicitor who will probably take sworn affadavits from those witnesses who can verify the usage of the laneway in question.


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## micamaca (9 Aug 2006)

Well a right of way should be described on the main title deed to the land.  Get out the title deeds and have a look.


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## Micky (9 Aug 2006)

Rights of way may not necessarily be on titlle deeds. Some may be acquired over a perios of long usage. Usually 20 years continuous use is required.
See a Solicitor immediately.


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## Newshound (9 Aug 2006)

Thanks for info. 

The right of way is definitely not on deeds etc as the Co-op has advised the farmer that they were not aware of it at the sale of the property to them about 10 or 15 years ago. The right of way has been in use by the farmer and his family for over 20 years from what i understand.


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## Marie (10 Aug 2006)

Right of way is established by usage (I seem to remember the minimum period is 12 - 13 years).


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## Superman (11 Aug 2006)

20 years to establish an easement - 12 years is for adverse possession.


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## demoivre (11 Aug 2006)

Newshound said:


> Thanks for info.
> 
> The right of way is definitely not on deeds etc as the Co-op has advised the farmer that they were not aware of it at the sale of the property to them about 10 or 15 years ago. The right of way has been in use by the farmer and his family for over 20 years from what i understand.



As I understand it a private right of way will be mentioned in deeds and shown clearly on  maps - I have personal experience of two private rights of way and this is the case in each. As this is not the case here the farmer will have to prove that he has used the path for 20 years, as the previous poster has said, before the "easement is in being ".


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## dahamster (16 Jan 2007)

Can a right of way be passed on?
 When buying a site from a land owner they retained a right of way on 
a portion of laneway adjoining (of which i own the right side of). Now that person has sold another site behind mine and the new owners way to use 
the part of the lane that i do as an exit onto a road(which


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