Maintenance and improvements to right of way

E

extopia

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I have a small piece of land through which a neighbour has a right of way to access a field in which he keeps cattle.

He recently made some alterations to a ditch adjoining the right of way (on my land), claiming it would "make it easier for all of us" to turn vehicles etc.

I was a bit annoyed. Reminded him that the ground belonged to me and that he should have asked before he made these improvements. He claims he didn't realise the land belongs to me, and got quite excitable.

Now I don't want to fall out with the guy, he's been a reasonably good neighbour and I suppose he regards me as a bit of a blow in (it's a holiday home).

Any advice on how to deal with this if it happens again?
 
If the right of way is used only by this neighbour, I would sell the strip of ground to him and get him (as part of this deal) to construct a good, permanent boundary between your property and his. This will bring closure of a sort, as there will be no right of way to argue over in the future. Strong fences make good neighbours and all that........

If the right of way is used by both you and the neighbour, then obviously you are stuck with a permanent relationship. You were right to speak to him, but I would not be inclined to take it further. I think you have done enough to assert your rights. If he abuses the situation further, you might consider going down the legal route, but these things can fester for years, so if you can tolerate the situation, leave well alone.
 
I think you need to speak to a solicitor, who knows something about rights of way. I would be inclined to suggest a rural chap who would have lots of farming clients. there are, as far as I know, several types fo right of way. if yours was of a pedestrian nature only, then your neighbour had no rights at all to widen it to enable him turn vehicles. if he has now widened it, and you accept that, and by accepting, it means doing nothing, then the rigth of way becomes one of vehicular access.

No matter what you do, you lose as there are costs involved. It will cost you to get legal advice and it will cost you some of your land if you do nothing.

I certainly do not envy your position.
 
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