Property Disputes – Shared Farm Track

Sector

Private client.

How we helped

We acted regarding disputed ownership of a shared farm track accessing both our clients’ property and adjoining agricultural land that is in separate ownership. The matter is of particular importance to the clients because it’s affecting their use and enjoyment and is upsetting their young family. The neighbouring landowners have in the past deliberately blocked access to our client’s property using straw bales which have also blocked out windows to the property. Injunctive relief was threatened, and the bales were removed.

We commissioned a surveyor’s report which supported our client’s claim of ownership, and the adjoining owners also obtained their own report, which also supported our client’s case. Negotiations have taken place and the client has agreed to transfer the track in dispute, to the adjoining owners subject to our client having a right of way to her paddock for access and egress. Negotiations are ongoing with a colleague in the commercial property department to finalise a Transfer agreeable to all parties. As a result of fencing the boundary, the other neighbours brought a claim for restricting their right of way over the back of our client’s property. They alleged that the gating erected for their right of way was not big enough. This case was brought to an end after a successful mediation.

Value

No direct financial value although the amenity of our clients’ property is at stake.

Lawyers involved

Kristy Ainge has led on this matter which has required a careful strategic plan because of tensions at the property. Francesca Knight in our Commercial Property team has been drafting the Transfer and is negotiating with the other solicitor to finalise it.