shared access/right of way

[keelanjane]

two land owners having shared access to their land via a shared access track from the public road.

Land owner number 1 owns approx 150 acres
Land owner number 2 owns approx 20 acres
Land owner number 1 is giving a third party use of part of his land for a recreation project.
Land owner number 2 is refusing to give a third party access under any circumstances.......
purely for vexatious reasons basically just being awkward.....

A planning application for the said recreational purpose is in due process......there are over 20 house holds in the immediate area who have no complaint, where as land owner number 2 does not live in the immediate area but is the only objector/complainant

The access track had been used by the public for generations to access bogland for turf cutting......though it is uncertain as to how long ago....

Land owner number one recently completed sale of a portion of his land to his nephew....so now there are multiply parties.

Does 'Majority rule' play a part in cases like this?
Does the public having had use of the track for turf cutting help?
Does the ratio of land ownership hold any water?

Can landowner number 2 weild this kind of control as to what or who landowner number 1 does with his land or who he allows access to it.

Any help or observations in this matter would be really appreciated

Thanks

 

[nuac]

rights of way disputes are often difficult, and this seems a difficult one.

Your solicitor should be given a clear plan of the area, copies of all relevant deeds, and full statements of all the facts of use of the right of way by the various parties.