Right of way

I own a lane way on which 5 houses and a farmer have a general right of way to access their properties.
One of the residents has opened up an equestrian center on his property something I have no problem with.
I approached this person and wished him all the best with his new venture. I told him that I have no problem with his customers riding on the lane way once he can show me that insurance is in place to cover any accidents as the lane way is owned by me.
He assured me that no customers would be riding on the lane way only on his property. I was up on the lane way today and for the second time since speaking to him very young children were riding ponies on my laneway.
I very much doubt if this person has any insurance on the equestrian center. I dont want to get into a situation of going back and forth with this person and just getting frustrated.
Any advise welcome

Good question. We need more information. What do you mean by a 'general right of way'. Is there something in writing. Is the right of way registered?

Vanilla,
Thanks for the reply. Basically I purchased a site down a private laneway, along with my purchase came the deeds and ownership for said laneway. As more houses have been build along the laneway I have been asked to sign a residential right of way for private residents to access their own properties off the lane which is no issue whatsoever and I am happy to see the rural area developed even for security reasons. To date they are not registered officially but forms I have been advised are coming my way.

My isssue lies with the above mentioned business being situated on the laneway and ultimately operating on "my property" purely for reasons of insurance liability should an accident occur. I am delighted for the business to be situated where it is and wish the owner the best of luck but God forbid an accident should occur on my lane will I be held liable.

You say you have been asked to sign a residential right of way. Normally the wording of this would be a right of way for a single private dwelling only. What about the equestrian centre, did they buy after you, were they already owners, what was their usage of the right of way, has something been signed for them and if so, the wording.

Vanilla said:

You say you have been asked to sign a residential right of way. Normally the wording of this would be a right of way for a single private dwelling only. What about the equestrian centre, did they buy after you, were they already owners, what was their usage of the right of way, has something been signed for them and if so, the wording.

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Hi Vanilla,
The family of the chap who has built the equestrian center originally owned all the land around but sold it off. There was nothing built just a field. He kept 6 acres applied to build a house and built a totally different house to his planning. He has now built the equestrian center. Not fully completed but operating.
A farmer bought most of the land around and sold off sites.

Looking at my land registry form 66 it states

"full right and liberty of ***************** his visitors licencees heirs and successors in title to pass repass at all times on foot and with or without vehicles or animals laden or unladen over the property (my lane way} described in part II of this schedule for all purposes connected with the use and enjoyment of his property in folio"

The farmer has also the same right of way.

The house this chap built on his property is not the house or in the location he secured planning for.
He has no planning for an equestrian center. Absolutely nothing to do with me. The whole operation in my oponion is a bit of a cowboy outfit.
I do not think any insurance would be in place with the operation. I dont think its mandatory unless he is registered with one of the governing bodies. I checked and he his not registered before talking to him.
That said it in no way affects me.
I hope to build on my site next spring.

Again and hopefully you can advise me how do I address the problem if there should be an accident on my lane way.
If I was to forward a letter outlining my concerns and stating that I will not take any responsibility for riding accidents along the lane way.
Or am I wasting my time.

I have been asked to sign a section 48 form regarding the built houses in order to register properly their right of way to houses.
No problem with that.

Hope you can get to grips with my situation. It all comes down to one thing an accident on the laneway.

Sounds like he has an unlimited right of way, which would not preclude any usage. There are a few ways you can approach this. Try to have the council take it in charge, try to do some onesided correspondence with the man to limit your liability. We could go into essays here of how this could be or might not be your liability but at the end of the day, if it were me, I'd pay for the insurance. You need legal advice.

Vanilla,
Thanks for your kind advise. Will check it out legally. I would still be of the opinion that he has every right to travel to and from his property but not run his business along the lane. Will check out legally. Thanks for your input.