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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

neighbours and roads

28 replies

1967buglet · 21/11/2021 13:07

Hi
I live 1/4 mile down a rural track from a neighbour who moved in about 3 years ago. Legally, the track has to be maintained by each of us at an agricultural standard which has been; there is also a farmer who uses it seldom, so he won't contribute anything, and we don't blame him. Our neighbour renovated his place and there was constant construction up and down the track for 2.5 years, and this churned the track up. We paid him £300 for materials to get the road back to passable. In the interim, he has put in two holiday lets, and he now has a third party business in his outbuildings (probably not strictly adhering to planning permission, but we have let it go as they are quiet), and he has about 12 cars a day up and down the road. We have one car. He wrote us and asked if we would contribute £800 to get the road in better shape (I suspect his holiday guests were complaining, as it is not a regular road), we said OK, fine...the price then changed to £4000 as he said he underestimated, and then he got an even more expensive quote. This price would only fix from the entrance to the track to his place...our part of the road to our place would not be improved because it wasn't damaged. We asked how long this fix would last and is their any sort of guarantee by the firm doing it, no answer. So, we said, well, without a guarantee, that is too expensive, and we don't need the track to be so fancy and said we were happy to pay him £800 towards the track, but that had to be the end of it for a while. In the five years previous to when he moved in, we put about £100 to get some gravel, and it was perfectly fine with a regular car, and our part is in good shape. Are we jerks for not paying the £4000? I'm feeling like he churned it up, we paid to help fix it once so he could get his place done, and we'll contribute once more, but really, we've done our bit.

OP posts:
1967buglet · 21/11/2021 15:33

@LittleMissTake

The farmer owns the road. He is the only person who can demand it is repaired. The farmer is quite happy with the road as is and has not said repairs are necessary.

You have therefore no legal obligation to repair it.

As your neighbour only has a right of way over a track he does not own, he cannot alter the state the road unless he has the farmer’s consent.

Some changes to tracks require planning permission. You would be unwise to contribute to your neighbour’s scheme unless the farmer has given permission for the repairs and you are certain no planning permission is necessary. Also you will know that a considerable depth of surface is necessary to hold the weight of a tractor, hence the cost will be far greater than creating a surface just for cars.

This is a very good point, and thank you.
OP posts:
Speakuptomakeyourselfheard · 21/11/2021 15:47

I'd tell him to take a running jump OP! We too live in a very rural spot and have a holiday let next door to us. The drive to our place is done purely to an agri standard, and we've never had a guest complain, I think because if they want to stay in an out of the way, rural property, they don't expect to have beautifully maintained tarmac road, just a reasonable access that doesn't cause damage to their cars. Like you, we occasionally pay for a load of shingle to fill the holes that from time to time get a bit deeper and might cause damage, but we certainly don't need anything more. As he seems to be the only one benefitting from the maintenance that he plans to do, I would be very clear that I was NOT contributing, unless it gets to a point where it's unacceptable to the farmer and his tractors!

1967buglet · 21/11/2021 16:21

@Speakuptomakeyourselfheard

I'd tell him to take a running jump OP! We too live in a very rural spot and have a holiday let next door to us. The drive to our place is done purely to an agri standard, and we've never had a guest complain, I think because if they want to stay in an out of the way, rural property, they don't expect to have beautifully maintained tarmac road, just a reasonable access that doesn't cause damage to their cars. Like you, we occasionally pay for a load of shingle to fill the holes that from time to time get a bit deeper and might cause damage, but we certainly don't need anything more. As he seems to be the only one benefitting from the maintenance that he plans to do, I would be very clear that I was NOT contributing, unless it gets to a point where it's unacceptable to the farmer and his tractors!
A very useful perspective, thank you.
OP posts:
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