1922 ROW

1922 ROW

Postby saxondown12 » Tue May 16, 2017 10:28 am

Please consider the following ROW given in 1922 over a private road leading to land on which a house was located:

"to use for the purpose of traffic on foot or with wheel- borrows or other suitable vehicles the roads or paths bounding the premises"

Would "other suitable vehicles" cover modern day motor vehicles if the said land is now to be developed to provide 6 new houses ?

Any thoughts would be appreciated
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Re: 1922 ROW

Postby pilman » Tue May 16, 2017 2:11 pm

Would "other suitable vehicles" cover modern day motor vehicles if the said land is now to be developed to provide 6 new houses ?
It certainly would.
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Re: 1922 ROW

Postby MacadamB53 » Tue May 16, 2017 2:15 pm

saxondown12 wrote:A Deed of Easement was granted over a private road owned by a Parish Council in 2001 as follows:

“So far as the Parish Council can lawfully grant the same a right on foot and with private motor vehicles and vehicles used in connection with the operation of a stud/livery/stables/riding school to pass and repass over and along the Parish Council’s land for the purpose of gaining access to and egress from the Freeholders Land.”

The use of the word "and" separates out all 3 forms of permissible transport - on foot, with private motor vehicles & riding school

In 2001 there were two residential houses on the freehold land.

The land now has the benefit of planning permission for an additional 5 residential houses.

There is no other form of access to the site other than the Council owned private road.

Are the additional 5 houses covered by the 2001 Deed of Easement for a right of way onto the land ?

I shall be very grateful for any opinions
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 ?
saxondown12 wrote:If land has acquired a 20 year ROW by prescription over a private road, can that land now be developed for 5 new houses and use that acquired ROW by prescription for the new development houses ?
saxondown12 wrote:How do you legally formulise a 20 year ROW by prescription ?
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Re: 1922 ROW

Postby mr sheen » Tue May 16, 2017 3:09 pm

saxondown12 wrote:
"to use for the purpose of traffic on foot or with wheel- borrows or other suitable vehicles the roads or paths bounding the premises"

Would "other suitable vehicles" cover modern day motor vehicles if the said land is now to be developed to provide 6 new houses ?




Yes
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Re: 1922 ROW

Postby saxondown12 » Fri May 26, 2017 8:36 pm

The ROW says " to use for the purpose of traffic on foot or with wheel- borrows or other suitable vehicles the roads or paths bounding the premises"

This specifies the use, so is the land use relevant given this form of ROW drafting ?
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Re: 1922 ROW

Postby MacadamB53 » Fri May 26, 2017 9:07 pm

saxondown12 wrote:The ROW says " to use for the purpose of traffic on foot or with wheel- borrows or other suitable vehicles the roads or paths bounding the premises"

This specifies the use, so is the land use relevant given this form of ROW drafting ?
this wording does not restrict what the use dominant land can be put to
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