Intensification of use - Right of Way

Intensification of use - Right of Way

Postby saxondown12 » Thu May 11, 2017 7:45 pm

If land has been given a ROW over a private road for the purpose of "two building plots" , would this ROW now cover the building of another 5 houses ?
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Re: Intensification of use - Right of Way

Postby MacadamB53 » Thu May 11, 2017 7:52 pm

saxondown12 wrote:If land has been given a ROW over a private road for the purpose of "two building plots" , would this ROW now cover the building of another 5 houses ?
can we see the wording please - you may be mistaken about it being the "purpose" of the ROW...

Kind regards, Mac
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Re: Intensification of use - Right of Way

Postby saxondown12 » Thu May 11, 2017 8:06 pm

A conveyance of land was given with a ROW over a private road for " suitable vehicles" for the purpose of agricultural.

Then, an Indenture was entered into whereby the agricultural stipulation was released to allow for "two building plots" on the land.
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Re: Intensification of use - Right of Way

Postby mr sheen » Thu May 11, 2017 9:01 pm

Do you own the land? Did you grant the rights? ....if not, you will find it well-nigh impossible to enforce implied restrictions and prove abuse of the rights, which is what you are calling intensification. The deed will outline the details of the rights so these need to be posted exactly for further info.

Land has right of access so putting a house on the land means that the house automatically gets right of access unless there are specified restrictions in the deed. If, as you suggest, it was purely for agricultural use, the the owner of the land may be able to restrict access for agricultural purpose only. The change to allow residential access allows access as per the grant on the deeds.

The relavant Principles in law are that the land has the right to be accessed and every inch of the land has the same right so building on said land means that the buildings get the same right of access; and the specifics of the grant will be in the deeds or be by prescription by long use; and any restrictions really need to be specifically identified. Oh and enforcement is pretty difficult where abuse is claimed and only the land owner is likely to be successful.
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Re: Intensification of use - Right of Way

Postby MacadamB53 » Thu May 11, 2017 10:53 pm

saxondown12 wrote:If land has been given a ROW over a private road for the purpose of "two building plots" , would this ROW now cover the building of another 5 houses ?
can we see the wording please - you may be mistaken about it being the "purpose" of the ROW...

Kind regards, Mac
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