Jokes0 min ago
i have access rights over the lane in front of my house there is a gate at the bottom opening to a field this has not ben used for at lest 15 years can the owner of the land still claim access
land access
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1) If ownership of the field includes a convenant for access, then the owner has access rights in perpetuity.
2) If it doesn't, then the owner may be committing trepass, but that is a civil offence and only the legal owner of the lane (if there is one) could take action to prevent the trepass.
3) If 1 above does not apply AND the lane is a public right of way but the land owner is using it for access that it not permitted (for example, using a bridleway for motor vehicle access) then the owner is almost certainly committing an offence under one of the Road Traffic Acts - unless he is able to show that he has 'long use' right of way by virtue of the Prescription Act.
But if you don't own it, does it actually matter to you?
2) If it doesn't, then the owner may be committing trepass, but that is a civil offence and only the legal owner of the lane (if there is one) could take action to prevent the trepass.
3) If 1 above does not apply AND the lane is a public right of way but the land owner is using it for access that it not permitted (for example, using a bridleway for motor vehicle access) then the owner is almost certainly committing an offence under one of the Road Traffic Acts - unless he is able to show that he has 'long use' right of way by virtue of the Prescription Act.
But if you don't own it, does it actually matter to you?
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