Who repairs private access?

freddyuk

We have right of access to our property via an easement over a trackway owned by our neighbour. The neighbour has let the track deteriorate to the point where it is impossible to take a car over it without suffering material damage. The pot holes are so big we can no longer drive around them.
As we are not on friendly terms so who should fill in the holes? If I do it am I trespassing? Do I do it and send him the bill?

Calahonda52

Here or UK, looking at your moniker?

CIARAN_BOYLE

freddyuk wrote: »

We have right of access to our property via an easement over a trackway owned by our neighbour. The neighbour has let the track deteriorate to the point where it is impossible to take a car over it without suffering material damage. The pot holes are so big we can no longer drive around them.
As we are not on friendly terms so who should fill in the holes? If I do it am I trespassing? Do I do it and send him the bill?

Its possible that the agreement by which you obtained an easement will cover responsibilities of maintenance. In no circumstances should you do it and bill them. If they are required to do it they have the right to choose their own tradesman.

freddyuk

It's "here".
As we are not on speaking terms then the issue becomes tricky as I need to access using my car. If the local taxi and other services stop coming in because they cannot access our house then it becomes a stupid situation.
I have to fill in the holes to allow myself access at the very least. He may accuse me of trespass or other liability so failing a court order I cannot see a reasonable option. The deeds do not address maintenance. The previous owner was a decent neighbour and I happily contributed to having the track surfaced every few years voluntarily. This is no longer be the case.

Angry bird

A problem has been created between the two parties and therefore a solution is between the two parties. Both can find a sensible solution surely without resorting to costly solicitors, in both parties interests, no need to become buddies. Start by letting the neighbour know the issue and what his suggestion is. Act like adults and there's a simple solution, it's not rocket science.

freddyuk

Some people are not reasonable in any way or form thus normal communication is not possible. I want to resolve the immediate problem without getting into a legal spat hence my question. If you have never come across someone who is so intransient and unwilling to even speak then you are lucky. Sadly that is my neighbour.

Angry bird

That is unfortunate, yet it would be wise to run it past him/her, by letter if necessary. There's no magic solution I'm afraid.

Calahonda52

Okay UK, then this might help you
http://www.irishstatutebook.ie/eli/2009/act/27/enacted/en/print

The basic legal fees for work under Part 3 start at about 2.5 k plus VAT

BrokenArrows

1. Ring the door bell to begin discussion. Tell them you want to repair the road and are willing to split costs.

2. If they agree then everything is OK.

3. If the dont answer the door then write a letter explaining the situation and request that they call you or send a letter of agreement or refusal.

4. If they refuse to contribute then write a letter saying that YOU will pay for the work yourself and you just want a letter indicating that they dont object.

5. If they refuse all action then i guess you need to take the legal route.

148multi

Who along with you use the right of Way