Long story short - I bought a house 3 years ago.
I have a right of way onto my property. The neighbour has land on both sides of the right of way.
The right of way has two gates; one at the entrance to the right of way and one at the entrance to my property.
No issues until lately - the neighbour bought some horses. Horses are stabled next to the house (field to left of right of way). There is a gate from this field accessing the right of way and the neighbour is now allowing the horses free access via this gate to the field to the right of the right of way.
The house is a holiday home. Neighbours have a seperate entrance to their own property.
When I come to the house I can often find the animals wandering the right of way or the gate allowing access from the left field is left half open across the right of way blocking my entry. I often have to get out to move the animals on before I can continue on the right of way.
Deliveries - lorries with stone etc is becoming a pain as gates have to be opened/closed horses moved on etc.
I have yet to encounter it but am dreading the day when I will leave from my property with a trailer and encounter the animals at the outside gate with they ending up trapped between me and the outside gate. The right of way is narrow so backing a trailer would be a nightmare.
Can the owner of the passage allow animals to wander freely on it as if another paddock?
As an aside ... neighbour is after knocking part of the right hand ditch to access timber etc. and replacing it with loose wire. Can the neighbour take away ditches to an extent that there might be none at the end? Where does that leave me with regards to a right of way if that happens? How would it be defined etc.?
I have a right of way onto my property. The neighbour has land on both sides of the right of way.
The right of way has two gates; one at the entrance to the right of way and one at the entrance to my property.
No issues until lately - the neighbour bought some horses. Horses are stabled next to the house (field to left of right of way). There is a gate from this field accessing the right of way and the neighbour is now allowing the horses free access via this gate to the field to the right of the right of way.
The house is a holiday home. Neighbours have a seperate entrance to their own property.
When I come to the house I can often find the animals wandering the right of way or the gate allowing access from the left field is left half open across the right of way blocking my entry. I often have to get out to move the animals on before I can continue on the right of way.
Deliveries - lorries with stone etc is becoming a pain as gates have to be opened/closed horses moved on etc.
I have yet to encounter it but am dreading the day when I will leave from my property with a trailer and encounter the animals at the outside gate with they ending up trapped between me and the outside gate. The right of way is narrow so backing a trailer would be a nightmare.
Can the owner of the passage allow animals to wander freely on it as if another paddock?
As an aside ... neighbour is after knocking part of the right hand ditch to access timber etc. and replacing it with loose wire. Can the neighbour take away ditches to an extent that there might be none at the end? Where does that leave me with regards to a right of way if that happens? How would it be defined etc.?