PRIVATE RIGHT OF WAY ON FOOT PERMIT
– Pass and repass as many times as you need to on foot between the dominant tenement and the public highway or land.
– You are able to pass with or without load.
– You are able to pass on a bicycle or pushing a small barrow if required.
WHAT DOES A VEHICULAR PRIVATE RIGHT OF WAY PERMIT YOU TO DO?
– Drive vehicle of permitted height and width along the carriageway that leads on to public land.
– Stop the vehicle for loading or unloading purposes if there is not a place to stop adjacent to the dominant land.
– Pull over to let another vehicle pass.
HOW TO MANAGE PRIVATE RIGHT OF WAY DISPUTES?
Regardless of how friendly things start when the private right of way is initiated – there can sometimes be factors that mean disputes arise.
Even if everyone agrees to the terms they can end up being very different, practically, to how they play out on paper.
Unfortunately for both parties right of way disputes are a very grey area and depending on what is specified in the Deed of Grant there may not be anything contractual to back up what you set up among yourselves.
Ensuring that disputes are settled quickly and efficiently is beneficial to both parties and there are things you can do to make the situation less stressful.
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MAINTAIN FRIENDLY RELATIONS
To avoid going down the route of costly legal actions try to maintain a friendly relationship with the other party.
The chances are they do not wish to be embroiled in a dispute either and it will help you resolve the situation amicably.
One of the biggest flaws in human nature is following what the person before them did and assuming it is correct.
Just because the private right of way has always been conducted in a certain way, it does not mean this way is legal.
If you are not the dominant party and you have been abusing use of the private right of way, the other party will have every right to revoke access or revert back to the original plan.
Do your homework before you dispute anything.
SEEK LEGAL ADVICE
If it comes to it, you may need to seek advice from a professional.
In the long run, it will help you to solve the dispute more quickly which is beneficial if you really need to use the private right of way.