donald Posted January 9, 2012 Share Posted January 9, 2012 Any help as unsure what to do? I have a field on a restricted byway(was a Road/lane). I occasionally have to go on motorised vehicle to animals in field. However although I use the now newly titled restricted byway I am told its illegal for me to drive a motorised vehicle along it! Since the new definitive map is on going and I have nothing on the land title to say I have vehicular access I am not sure if I should just ignore and continue using it as I have done or do I come clean and apply for a easement or prescriptive etc. I am not sure what to do as I dont want to highlight that I dont officially have it documented(I bet I am not the only person in this situation). Its sort of worrying due to the definitive map. I did speak to our local council and the rights of way officer told me I needed to prove I had used it for 60 years(I am not 60years. No one has ever complained yet and I dont go whizzing along it joyriding only essential visits. I feel like selling it off as its worrying me as I do get offers but I dont want to sell as I enjoy keeping animals. Feel like moving house to be truthful. Any ideas or do I ignore it? Thank you if anyone knows. Quote Link to comment Share on other sites More sharing options...
snowberry Posted January 9, 2012 Share Posted January 9, 2012 Let me (or someone more knowledgeable) look into it, but I'm certain it's not 60 years! Quote Link to comment Share on other sites More sharing options...
Redwing Posted January 9, 2012 Share Posted January 9, 2012 I dont know the answer I'm afraid but for people to be able to provide info it would be good to know: Why was it re titled? If anyone else needs access along the lane too? What is the distance involved? could someone argue that you could park and then walk? You have my sympathy, I rent a field at the end of a private lane, if I couldnt get my car on to the field with feed and bedding in it would present me a lot of problems Quote Link to comment Share on other sites More sharing options...
donald Posted January 9, 2012 Author Share Posted January 9, 2012 Thanks if you go on the websites it says 20 years. But I have been told the councils seem to make it up as they go along, this genuinely is what I got told by my ROW officer. I am sure if I asked I could get witnesses who have lived round here most of their lives but unfortunately for me to go down this road there are probably equally if not more that would rather that I didnt go down there. I think most people think I have the right. In effect I could end up landlocked and I dont want to run up a huge legal bill. As yet no one has ever complained and I try to use it ie during the week when its quiet. Its because the ROW officer said this that it put me off doing anything about it too. But thank you I have been all over the internet trying to find out but thought why not ask Omleters. Quote Link to comment Share on other sites More sharing options...
donald Posted January 9, 2012 Author Share Posted January 9, 2012 I dont know the answer I'm afraid but for people to be able to provide info it would be good to know: Why was it re titled? If anyone else needs access along the lane too? What is the distance involved? could someone argue that you could park and then walk? You have my sympathy, I rent a field at the end of a private lane, if I couldnt get my car on to the field with feed and bedding in it would present me a lot of problems Thanks it was a lane that then was a RUPP they have now transfered to Restricted Byway(its the new title...yes its hard to keep up with the new titles). The local farmer uses it sometimes(hedgecutting) and he never complains but I was told by the council that for agriculture and farming its allowed. I did try to find out who owned the lane at the land registry but we couldnt work it out.? church land? I have a massive file on its history but not this information unfortunately. Probably years ago the village was so quiet that no one would have been interested in it. Its about 300 yards long and I do walk its grassy track, it is on the ordnance survey as a lane still but restricted byway. Its on a hill and I need to take water and hay down etc harrow/roll it. But I bet I am not the only one that is going to have this problem. But thank you. Quote Link to comment Share on other sites More sharing options...
Redwing Posted January 9, 2012 Share Posted January 9, 2012 is it worth pulling out documents from when you bought the field to see what access is defined on them? if it says you have vehicle access then couldnt you appeal that the value of your land has been decreased as a result of the new change? Quote Link to comment Share on other sites More sharing options...
Olly Posted January 9, 2012 Share Posted January 9, 2012 If the council said it's allowed for agriculture and farming, don't you also fall within that exception, if you are keeping animals on the land? Quote Link to comment Share on other sites More sharing options...
donald Posted January 9, 2012 Author Share Posted January 9, 2012 Unfortunately horses are not seen as farming animals. A lot of old titles never stipulated all the officialdom we have now I suppose. I think I would have to register as a farm to come into the animal agricultural arena. I have thought Chickens!! Seriously but Mr Fox would have a field day and I am sure my would get pinched! I really dont know what to do. Perhaps I will need to speak to a solicitor that deals with access land issues as there must be good business for them with the way footpaths etc are being recorded or lost forever by 2026. I have been reading that once land belong to large country estates and as they have been broken up over the years obviously access just went with the land although it wouldnt have been documented necessarily for each plot sold. Thats why I wish I could find out if this was a common issue currently. Thanks for your efforts in replying. I will tell you what I decide to do. I have had so many people offer to buy it but it was hard to acquire it and I do like having the use of it. Quote Link to comment Share on other sites More sharing options...
Redwing Posted January 10, 2012 Share Posted January 10, 2012 It's worth finding out if those who are offering to buy the land had any part in re-titling the access Sheep make reasonable grazing partners for horses, to have sheep you need a Holding Number which may push you in to the argrcultual category, worth asking your legal person. If you have just two sheep they won't cost much to keep especially if the non shearing sort. Quote Link to comment Share on other sites More sharing options...
donald Posted January 10, 2012 Author Share Posted January 10, 2012 Thank you the previous owner did keep sheep on the field too....! Perhaps!?! I will seek advice but at least no one has ever complained at all , famous last words. Quote Link to comment Share on other sites More sharing options...
Cranberry Posted January 12, 2012 Share Posted January 12, 2012 There is a group of farmers who give free advise they are called "New Land Owner" If other peopleare having this problem they will know. if you cant find them on goggle I will dig out their details. Your best bet is to keep a couple of fleece dropping sheep like Wiltshire Horns. They are very good pasture management for horses and only need feet trimming and worming. Once you have your holding number you are an agricultural concern. Apart from keeping a movement book and logging movements in it that's about it. Sounds like you got one of those jobsworth little tits that love to throw their weight about and make people's lives difficult, bad luck. Quote Link to comment Share on other sites More sharing options...
