Question about right of way
Discussion
Good morning,
I hope this is the right place to post.
We live in a conversion of a school. Our house is at the front with the school split into two behind. Behind that are three garages and parking for us all.
Along the side of our properties is a drive which leads to the garages at the rear. Each of us 'own' the drive at the point it runs along our houses and we all have right if way over each others sections. Simple enough.
At the back there is the old school field. The owner (developer a) of this also has access over our drive (he did the conversion in the first place about 20 years ago). He kept it for building - which we have always known will happen so fine with that as you can only fit a couple of houses there.
Over the last couple of years this chap has teamed up with another developer (we shall call developer b) who owned an adjacent plot if land to the field. They did try to get access for 12 houses up out drive but it was turned down as the drive is just that - long and thin with poor access to street. This was okay as there is seperate access to the site owned by developer b and the planning has gone thorough as this.
We were really happy about this as the land was getting built on and it didn't affect us!!
Developer A did keep one small area - prob big enough for one house of the original field which still has access up our drive and I imagine will do something with in the future.
Hopefully this follows so far - am typing this in my phone!
Now I've found that developer a has sold his share of the land to developer b. This is fair enough. I think he's also sold the little bit without planning so i guess the row just passes over as on my deeds it states that whoever owns the field at the back has the access.
My worry is that a chap has just died 2 doors down who has a large gargen running down to the back field. This results in a 'plot' of land north of the unused playing field section which would have no access except up my drive.
My questions are:
If developer b buys this plot - thus making that small unused bit much bigger. Can he build and use the access along my drive. I know he now has access to one small plot. But would that mean he has access to the garden plots too?
Secondly, if anyone else buys the garden plot. Could developer b sell his right of way to a potential buyer? I own the land the row is on but I'm wondering if developer b can pass this on?
Sorry if this is as clear as mud!
Phil
I hope this is the right place to post.
We live in a conversion of a school. Our house is at the front with the school split into two behind. Behind that are three garages and parking for us all.
Along the side of our properties is a drive which leads to the garages at the rear. Each of us 'own' the drive at the point it runs along our houses and we all have right if way over each others sections. Simple enough.
At the back there is the old school field. The owner (developer a) of this also has access over our drive (he did the conversion in the first place about 20 years ago). He kept it for building - which we have always known will happen so fine with that as you can only fit a couple of houses there.
Over the last couple of years this chap has teamed up with another developer (we shall call developer b) who owned an adjacent plot if land to the field. They did try to get access for 12 houses up out drive but it was turned down as the drive is just that - long and thin with poor access to street. This was okay as there is seperate access to the site owned by developer b and the planning has gone thorough as this.
We were really happy about this as the land was getting built on and it didn't affect us!!
Developer A did keep one small area - prob big enough for one house of the original field which still has access up our drive and I imagine will do something with in the future.
Hopefully this follows so far - am typing this in my phone!
Now I've found that developer a has sold his share of the land to developer b. This is fair enough. I think he's also sold the little bit without planning so i guess the row just passes over as on my deeds it states that whoever owns the field at the back has the access.
My worry is that a chap has just died 2 doors down who has a large gargen running down to the back field. This results in a 'plot' of land north of the unused playing field section which would have no access except up my drive.
My questions are:
If developer b buys this plot - thus making that small unused bit much bigger. Can he build and use the access along my drive. I know he now has access to one small plot. But would that mean he has access to the garden plots too?
Secondly, if anyone else buys the garden plot. Could developer b sell his right of way to a potential buyer? I own the land the row is on but I'm wondering if developer b can pass this on?
Sorry if this is as clear as mud!
Phil
As with all such matters it's impossible to provide accurate advice without seeing the relevant title documents and the exact wording of the right of way. However, in general terms a right of way attaches to the land, and not to the owner personally,so it can be used by any subsequent owner.
Also, if the right of way starts being used far more intensively than was originally envisaged a court injunction may be obtainable to prevent such `intensification' as it's called.
You really need one to one legal advice from someone who's looked at the title documents.
Also, if the right of way starts being used far more intensively than was originally envisaged a court injunction may be obtainable to prevent such `intensification' as it's called.
You really need one to one legal advice from someone who's looked at the title documents.
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