Establish a right of way.

Hi Extopia,

thank you for your reply, I must point out that my Mother is moving in to a nurseing home on a permanent basis very shortly, and therefore at this stage it makes no difference to her. Neither is there any advantage in refusing a right of way.
 
OP is there any more info you want to share as part of your case? Already you've added several times to the original story. People have been trying to offer advice but without the full story it's hard to help.
 
Tormented said:
Hi Extopia,

thank you for your reply, I must point out that my Mother is moving in to a nurseing home on a permanent basis very shortly, and therefore at this stage it makes no difference to her. Neither is there any advantage in refusing a right of way.
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What happens to her property when she moves in? Is it being sold?
 
If she's going into a nursing home she may need every penny she can get from selling her house and having a right of way down the side of it to a (potentially large?)development will undoubtedly reduce its value.
 
Wow, the story is certainly getting clearer with every post. I wonder if there's any resentment on the mother's behalf about being moved into a nursing home?
 
Hi Extopia

the financial incentive would not work, and as she will not be residing in the house much longer due to moving to full time residential care, it makes no difference to her. Her response to all this is to do nothing to help in any way.

Thank you for taking the time,

I am close to closeing the file on this one, accepting the loss, and walking away

You can choose your friends, you cannot choose your family !
 
Tormented said:
You can choose your friends, you cannot choose your family !
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I have a funny feeling your mother might be saying the same thing - no offence but on my reading of this thread I'd be on her side here. As others have said she probably would have granted right of way if you were to live in the house but not when you're selling it on to strangers. It sounds like you're the one who has been unfair to your mother here, not the other way around. And your attitude about her moving to care so it doesn't matter to her anymore just smacks of selfishness.
 
Tormented said:
Hi Extopia

the financial incentive would not work, and as she will not be residing in the house much longer due to moving to full time residential care, it makes no difference to her. Her response to all this is to do nothing to help in any way.

Thank you for taking the time,

I am close to closeing the file on this one, accepting the loss, and walking away

You can choose your friends, you cannot choose your family !
Click to expand...

It makes a huge difference to her as it significantly devalues her property.
 
Hi Ceist Beag,

thank you for your mail, I absolutely understand your point of view, based on the scant information I have provided, however in the position I have been placed in, I have to disagree with you.

Thank you for your comments.
 
Hi all,

thank you all for your kind comments, and suggestions regarding the specific question of Right of way. I believe that I have now been fully appraised of my legal position on this, which was the origional question, therefore I wish to thank you all and close this thread.

Tormented
 
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