Right of way - intensification/interpretation

Re: Right of way - intensification/interpretation

Postby pilman » Mon Jul 17, 2017 6:50 pm

Several thoughts came to mind after reading that last post.

There were deeds in 1921 and 1922, which I assume you have copies of.
Those are private documents that would now have been superseded by the Land Registry register of title, which is a public document.

Depending on what is stated on the register of title for the development land, that is the only document that the Parish Council can access.

I am confused by the words used in this statement "1987: the access road fell into the ownership of the Parish Council"

How did this land fall into the ownership of the PC?

Did you own the dominant land in 2001 when the PC granted rights of way for a development for the commercial use for equestrian purposes.

The your final question seems to imply that the Parish Council are not happy about this development of houses and may want to try and prevent access for building work to go ahead.

Is that why you are posting on Garden Law. To find out if your development can be stopped by the Parish Council?

From 1926 until 2001, the right of way has been used to access land occupied by residential dwellings under a grant made in 1922.

Do the Parish Council know the exact wording used in that 1922 deed?

You also refer to a restrictive agricultural stipulation.
Was that a restrictive covenant when the land was first sold, or did it specifically identify the right of way as being for agricultural use only.

That is why I mentioned researching those sorts of facts when I posted earlier.

Advice can be offered, but only when all those facts are known about.
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Re: Right of way - intensification/interpretation

Postby jonahinoz » Mon Aug 07, 2017 9:05 am

Hi,

There seems to be no expressed rights for animals to cross this land. ??? Horses? Dogs?

John W
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