Q&As

A farmer has a been granted a right of way over a neighbour’s field. There are no provisions in the deed of grant relating to responsibility for repair and costs of repair of the access way. Previously, the neighbouring owner rarely used the access way, and the farmer chose to make the track up and keep it in repair. However, the neighbouring owner has now let the field, and the new tenant uses the access way frequently. Can the farmer ask the owner of the field to repair the access way or contribute towards its maintenance?

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Produced in partnership with Kate Andrews of Hamlins
Published on LexisPSL on 05/09/2017

The following Property Q&A Produced in partnership with Kate Andrews of Hamlins provides comprehensive and up to date legal information covering:

  • A farmer has a been granted a right of way over a neighbour’s field. There are no provisions in the deed of grant relating to responsibility for repair and costs of repair of the access way. Previously, the neighbouring owner rarely used the access way, and the farmer chose to make the track up and keep it in repair. However, the neighbouring owner has now let the field, and the new tenant uses the access way frequently. Can the farmer ask the owner of the field to repair the access way or contribute towards its maintenance?

This Q&A assumes that the grantor of the easement owned the freehold interest in the neighbour’s field. It has also been assumed that the land is comprised within the freehold interest of the neighbour’s field.

This Q&A will refer to the farmer as the ‘dominant owner’, the owner of the neighbouring field as the ‘servient owner’ and the land over which the right of way is enjoyed as the ‘accessway’.

There are two questions to consider here. Firstly, who

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