Areas of Law / Property

My husband is a farmer and is having trouble gaining access to one of his fields. Two families who bought cottages on the lane leading to the field say they bought the lane when they bought the houses in 1997, and that my husband lost his right of way then. Can a right of way in use by others be bought by someone else?

Rights of way can either be set out in title deeds or can be acquired through usage. If your husband and his predecessors at the farm have always used the lane to get to the field he won’t lose the right to do so just because a property has changed hands. He should see a solicitor. It may be possible to take out an injunction to prevent the cottage owners barring his way.

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