how is a right of way established

[evan]

I have allowed a neighbour to cross my land with horses in the last few years , however I am concerned that as time goes by this may allow him to establish a right of way, i am concerned that if i decide in the future that i do not want them crossing that he could claim he has established a right of way, also what are the restrictions with regard to right of way, i have no problem with access by foot or horses, however i would have with cars or heavy machinery

 

[csirl]

In time, your neighbour will acquire a right of way by adverse possession if you allow it to continue without any paperwork.

You could grant him a "license" to traverse your land with his horses with you having the option to terminate with e.g. 3 months notice. That way, he cannot acquire a ROW. This may have to be drafted by your solicitor. Its not necessary to charge him for the license - could be granted for no payment if this is what you wish to do.

In the end of the day, your neighbour would have no choice but to accept the license, otherwise you could (and should) ban him from traversing your land. But be diplomatic about it if you do not want to cause bad feeling - you may be met with a response along the lines of "I've been doing this for years without paperwork, why all the legal talk......". But better in the long run to get it formalised.