Access/ Easement suddenly blocked

[RoomR0613]

Without going into too much detail hopefully

We live in a small hamlet. For at least 40 years in living memory residents of the hamlet (between 1- 4 households at varying times) have had access to a major road via an unmetalled track across land owned by a (very very very) large estate.

As far as we know the person who made the track originally (long deceased) never asked permission from the landowner (therefore there is nothing in writing), but went about it fairly blatantly, and the track has become so well used over the last 40 years by the hamlet and other locals 'in the know' that google maps has (mistakenly) shown it as a genuine route for around 3 years.

This has recently resulted in an increased volume of traffic (maybe 10 cars a day on top of use by the hamlet) using it as a through road as directed by google maps.

Today (on Easter fecking Sunday!) someone (presumably a representative of the landowner) has blocked each end if the track so it can no longer be passed. This has put approximately 10 miles each way onto the journey of people living in the hamlet to reach the major road.

Can they just do this with no warning? They are one of the biggest landowners in the country so we have no hope of winning any kind of legal battle without pots of money or a absolute blatant disregard of the law.

So no one in the hamlet is a landowner, they are all tenants or sub-tenants of the landowner over whose land the track goes?

None of the hamlet are tenants of the landowner of the land the track crosses, the overall landlord of the hamlet has no connection at all to this in any way - they let the hamlet to a farmer under a very long term agricultural tenancy and he sublets the unused properties - they have all had long term tenants occupying them in living memory, none of the current tenants have been there less than 12 years..

The track that is blocked crosses common land owned by this landowner (Landowner A) then crosses completely privately owned land by a separate landowner (Landowner B) using landowner b's private track to access a C road which eventually joins up to an A road.

Landowner B has in the past granted access to the hamlet but in recent years has become annoyed by wider access by the general public caused by google maps recognising the road as a through road. We don't think they would be aggressive enough to take the action that's been taken, and the blockades have been very definitely been placed on As land rather than Bs but we can't rule out B until we have been able to make contact tomorrow.

The track crosses common land?

There are some very specific legal issues regarding easements relating to vehicular access over common land. You may wish to look into the Vehicular Access Across Common and Other Land (England) Regulations 2002 and Bakewell Mgmt v Brandwood (2004), as well as surrounding commentary.

However it's a complicated area of law, far more so than normal easements by prescription, and if vehicular access over common land is involved I can't stress enough the importance of getting legal advice.

So to be clear

Landowner of the hamlet - not involved at all. Not even aware there's a problem.

Landowner A of the common land the (now) blocked track is on - major landowner with peerages and a castle or two.

Landowner B running an entirely separate business that has an established access right to the access to the C road nearby via planning permission but has for at least 40 years allowed the hamlet to access the C road from landowner B's track vis A's track.

From a legal perspective that is really quite a complicated set of facts. You are not going to get anything like reliable legal advice on this scenario from people on the internet. This is miles away from a standard "easement across the next door neighbour's garden" scenario that comes up on MN fairly often.

You absolutely need to get professional legal advice.

You need to appoint a solicitor to look at this, nobody can give you the correct advice on here

If it is a public bridleway every has the right to drive over it, and you need not prove the existence of a private ROW. Speak to your local authority (who has the power to order the way be kept clear).

This is way too complex for the internet, unfortunately. You really do need to speak to a specialist asap, before you go to the landowner, the council or elsewhere.

As I said earlier. This advice from a specialist solicitor isn’t cheap. No one has the right to drive over a bridleway. They are for horses, bikes and people. Not vehicles. Unless there is an established right by constant use to access land over years. However this looks very complex so spending money appears the only option.

They are for horses, bikes and people. Not vehicles. This is correct.

So who is responsible for maintaining that road if vehicles are regularly using it?
Have any of you residents paid for its upkeep/maintenance?
If anyone had an accident due to the 'road conditions' - who would you be suing?

This has been resolved now.

Not to our benefit unfortunately but we now have been given extremely justifiable and unarguable reasons why the access has been blocked.

It's all a bit TSSDNCOP though I'm afraid though - it's come from the Secretary of State's department.

Oh well.

Thanks everyone!

Gosh!!! The plot has really thickened! Is it to stop Prince Philip getting onto a road again?

Nice one bubbles!

What does TSSDNCOP mean?

TSSDNCOP
The Secret Service Does Not Comment On Procedure

Have Harry and Meghan bought the house? Is Donald Trump staying in June?

If that is true you probably shouldn't have put it on a public internet forum.