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Forgive me if we are at slight cross purposes. reference "I own the track, they have a right of access across the track. I did not invite them onto the track, they are not visitors to my property, they were on their way to another local property. Does this change the legal position in any way?". I believe this is precisely what we concluded yesterday is it not?
I agree with your comments absolutely. The solicitor would appear to misguided based on what you say. As confirmed by the decision in McGeown v Northern Ireland Housing Executive 1994 a person exercising a lawful right of way cannot be contrued as a visitor for the purposes of the OLA.
You may consider a response to the solicitor respectfully XXXXX XXXXX solicitors claims are ill founded and referring him to their right of way in your deeds and the above case and invite him to reconsider his position denying any liability to his clients under the OLA and in deed generally.
Is there anything above I can clarify for you?
I note you mentioned about unless I had invited them onto the property and this passage from the solicitor does specify this however the actual situation is as above, so you are saying that although the solicitor has stated this, it would not apply and I would not need to prove this in anyway?
OLA ? what does this mean?
Ah I see - thanks for the clarification. Yes in deed if you had for example invited them around for dinner for example then the position would change potentially because they were on your land as a visitor to your property. But from what you say this was not the case and they were on your land in exercise of a lawful right of way. On that basis the OLA does not apply (Occupiers Liability Act) and the solicitors claims would appear to be misguided.
Is the distinction clear to you? Do let me know if I can expand any further for you.
Yes this is clear especially since I wasnt even there!
Quite. There can surely be no suggestion they were coming round for supper then!
Is there anything else I can help you with on the above?
No indeed not, hell would freeze over first!
No thank you for clearing this item up.
Not at all. Do let me know if I can assist any further if you have further contact from the solicitor following your above reply.
yes will do its been really helpful.
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