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agricultural right of way

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sallybb | 14:55 Sat 25th Feb 2012 | Civil
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We have owned a piece of land for 28years on which we graze animals. We purchased it with an 8' right of way. Which went diagonally across the garden of a residential property, there was an option for the owner of the residential property to extinguish the above mentioned Right of way and replace it along the edge of his garden. This option was taken and for the last 25years the access has run along the edge of the garden ( approx 100yards in length )and for the safety of the children playing in the garden a 6ft fence was put in place. No problems with that. With out going into to much detail. The current owners now wish to remove the fence , change part of the Right of Way for his convenience, and create a shared access. There is not a third option noted in the covenant in his deeds. What I asking is can he force us to agree to this.

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Z-M has it no.You do not say what you use this right of way for, if it were for animals who may roam without the fence that has been removed or if injury could be caused by the removal of the fence by others you would be wise to notify your neighbour of this. Is there is no other options in the covenant other than those you mention you cannot be forced to agree with your...
15:58 Sat 25th Feb 2012
No.
Z-M has it no.You do not say what you use this right of way for, if it were for animals who may roam without the fence that has been removed or if injury could be caused by the removal of the fence by others you would be wise to notify your neighbour of this. Is there is no other options in the covenant other than those you mention you cannot be forced to agree with your neighbour to a change that is for his convenience only.
Question Author
The right of way is a green track way to our grazing land, our land is fully fenced to keep our animals in. The fence that is to be removed belongs to the other party and is on their land, but segregates his amenities from the right of way. The reason it was put there by his predecessor, was for safety reasons (children playing ) and privacy. The right of way is used at times for agricultural vehicles and the movement of animals on foot gaining access to the grazing land.
As his reason to remove the fence and alter the Right of Way, is to split his property into two in order to sell. He will not been worried about the implication of safety issues, by the removal of his fence. He is only interested in profit.
Sally warn him, in writing, of the potential risk he would be taking of animals roaming if the fence is removed, keep a copy of your letter. This assumes you are not under any obligation to provide a fence.
Question Author
Thanks Tony,
Now we are reassured that he can not pressurise us (even legally) we will be contacting him in writing and remind him of the reasons why the fence was erected by his predecessors, highlighting the possibility of roaming animals and the risk to children if in an unguarded moment, whilst playing ,they run into the path of a moving agricultural vehicle. But if he intends to sell two properties I doubt it will have any clout. Hopefully by refusing to agree to partially moving the Right of Way, he will realise , there will be no reason to remove the fence. Fingers crossed. Many thanks for your useful input.

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