Farmers Weekly Business Clinic: neighbour restricting our right of way
A farmer has a right of way for all agricultural purposes over a private road through the middle of his neighbour’s farm.
The neighbours have erected a fence on the edge of the road, which is 11 feet across in places and restricts the farmer’s right of way. Responsibility for the maintenance of the road – which is also partly a bridleway –lies with the neighbour.
Despite the farmer making several attempts to contact his neighbour about the fence and the upkeep of the road, no reply has been forthcoming.
Writing for Farmers Weekly’s Business Clinic, Russell Reeves, partner and head of Thrings’ Agricultural Litigation team, explores the various courses of action available to the farmer, and explains that the likelihood of a dispute between the two parties may hinge on the wording of the property deeds.