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  1. #1
    Join Date
    Jun 2007
    Location
    British Columbia
    Posts
    9

    Default Does Temporary Permission To Use Field Gate Access Create Public Right Of Way

    In 2003 our neighbouring shareholder in our co-operative began building his house and driveway. We discovered he was directing heavy construction traffic over our driveway and land to access his building site.

    We complained to him, he cleared the cement that had been dropped, cleaned from tanks on our land and asked permission to use our field gate nearer to his end of the property. For this he needed to remove some fence posts to widen the opening and promised to repair it. We gave him permission to do this. He left the area without making the fence repairs and we heard nothing from him and could not locate him. He didn't return again till 2006 for four days.

    We didn't discuss his failure to make repairs, being so long ago. We did tell him that we would be ploughing our land later that year and fencing it to keep the ranging animals off. He wanted us to fence outside his land rather than between the two, but as he has leased his parcel to a farmer for grazing and we haven't, we advised him that he would not be allowed to do that, but we intended to fence our property as planned.

    We were only able to complete a small amount of ploughing last year, but when we re-commenced in earnest this spring, as a courtesy, we wrote to him and advised him that he would not be able to bring his vehicle over our land as he had previously and if he intends to bring his motor home as last year, he will need to do some work to his own driveway first.

    He is now saying that we 'do not have the right to deny him this access and that it might even be his (public) legal right since it exists already undenied for a certain period of time'. We are being asked to repair the damage we have caused (by ploughing) to the existing access road.

    No easement or right of way exists on the land Title, but in the Shareholders agreement of trust we have to keep a connection open to neighbouring parcels. It does not state where on the property this connection should lie.

    The co-operative was registered as a Delaware company.

  2. #2
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: does temporary permission to use a field gate access give public right of way

    i haven;t looked up any specific laws but as a general situation the right to claim prescriptive easement or adverse possession must be from the non-permissive use of property.

    You gave them permission (license) to use the property as an access. You have the right to rescind permission.

    If he uses the access after denial, call the local police to report a trespass.

    A letter to the trespasser as a courtesy that he will be prosecuted should he attempt to use the path again would be a nice thing to do.
    If he has problems with that, he will have to sue you to gain use of the property through the courts.

  3. #3
    Join Date
    Jun 2007
    Location
    British Columbia
    Posts
    9

    Default Re: does temporary permission to use a field gate access give public right of way

    Thankyou very much for this - it was most useful, I know now the terms to use in order to search for laws relating to British Columbia where the land is.

    We were given till 15th June to 'repair the damage caused' by our ploughing - this letter was not from a solicitor. However, whilst I was using this time to research and reply, the neighbour took his own action.

    On 4th June he employed a contractor to fill in the ditch between the gravel road and our field gate, using the topsoil from our field which we had ploughed and disked ready for seed sowing. Since then he has had his representative driving over our disked soil in order to create a vehicular access to his property.

    This neighbour had commenced clearing his own driveway in 2003, when he was building, but abandoned it prior to filling the ditch/installing a culvert at the gravel roadside to his own property. This is when he sought permission to use our field gate - temporarily.

  4. #4

    Default Re: Does Temporary Permission To Use Field Gate Access Create Public Right Of Way

    Lock the gate and send him a letter telling him to cease and desist, CRRR.

  5. #5
    Join Date
    Jun 2007
    Location
    British Columbia
    Posts
    9

    Default Re: Does Temporary Permission To Use Field Gate Access Create Public Right Of Way

    Quote Quoting lwpat
    View Post
    Lock the gate and send him a letter telling him to cease and desist, CRRR.
    Thankyou lwpat

    I will do this, but can't find a definition of CRRR. presumably this is a legal term applicable to Delaware Law?

    As a matter of interest, when I receive letters quoting 'according to Delaware Law' do I have a right to expect letters from a Delaware Corporation to be written in comprehensive English (Delaware language) These letters are translated from a foreign language into incorrect and ambiguous English.

    Two questions there - all advice greatly appreciated!

  6. #6
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Re: Does Temporary Permission To Use Field Gate Access Create Public Right Of Way

    CRRR = Certified, Return Receipt Requested

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