Paul was instructed by Mr and Mrs A, the owners of an equestrian centre, in connection with a dispute over a right of way over adjoining land.
The site had been purchased from the owner of the adjoining land (Mr X) who subsequently sold off the remainder of his land in sections. As a result, the right of way had to cross land owned by three different people (Messrs X, Y and Z), and no reference was made to the existence of the right of way in the sale of the other plots.
Mr and Mrs A had constructed a new access but the Local Authority issued an Enforcement Notice preventing its use. In the meantime, Messrs X and Z had blocked the original right of way; causing the equestrian centre to become ‘landlocked’ and inaccessible.
Paul provided an Advice to his clients, dealing with the legal, factual and practical issues as regards the original right of way, which was submitted as part of a new planning application.
The application included some minor amendments to the new access arrangements, and as a result the Local Authority agreed to grant permission for the ‘new’ access and the further development of the equestrian business.