ROW over a private road

ROW over a private road

Postby saxondown12 » Wed May 24, 2017 2:04 pm

I own some land, which has a ROW over a private road for access. The deed states that the ROW is given for " a building plot for a dwelling house". Can I build say 5 houses on that land and still use the original ROW granted ?
saxondown12
 
Posts: 20
Joined: Thu Apr 27, 2017 5:13 pm

Ads are not endorsed by www.gardenlaw.co.uk or the staff thereof and visitors should perform their own due diligence on the product or service offered.
 

Re: ROW over a private road

Postby MacadamB53 » Wed May 24, 2017 2:27 pm

saxondown12 wrote:I own some land, which has a ROW over a private road for access. The deed states that the ROW is given for " a building plot for a dwelling house". Can I build say 5 houses on that land and still use the original ROW granted ?
can we see all the wording please (with e.g. asterisks in place of names, etc to anonymise). thanks
MacadamB53
 
Posts: 6059
Joined: Mon Dec 10, 2012 12:13 am

Re: ROW over a private road

Postby span » Thu May 25, 2017 1:37 pm

saxondown12 wrote:I own some land, which has a ROW over a private road for access. The deed states that the ROW is given for " a building plot for a dwelling house". Can I build say 5 houses on that land and still use the original ROW granted ?


How many times are you going to ask the same question? No matter how you phrase it, the question remains the same and the answer remains unchanged.
span
 
Posts: 1472
Joined: Sat Nov 06, 2010 2:34 am

Re: ROW over a private road

Postby saxondown12 » Thu May 25, 2017 1:59 pm

So what's the answer then ??????
saxondown12
 
Posts: 20
Joined: Thu Apr 27, 2017 5:13 pm

Re: ROW over a private road

Postby span » Thu May 25, 2017 2:14 pm

Yes.
span
 
Posts: 1472
Joined: Sat Nov 06, 2010 2:34 am

Re: ROW over a private road

Postby saxondown12 » Thu May 25, 2017 3:37 pm

Thanks, but why is this not an excessive use of the ROW ?

A "building plot" implies one house
saxondown12
 
Posts: 20
Joined: Thu Apr 27, 2017 5:13 pm

Re: ROW over a private road

Postby MacadamB53 » Thu May 25, 2017 3:49 pm

saxondown12 wrote:Thanks, but why is this not an excessive use of the ROW ?

A "building plot" implies one house
it implies a plot for building on
MacadamB53
 
Posts: 6059
Joined: Mon Dec 10, 2012 12:13 am

Re: ROW over a private road

Postby mugwump » Thu May 25, 2017 6:40 pm

But it also states A dwelling house
mugwump
 
Posts: 431
Joined: Tue Jul 10, 2007 6:34 pm

Re: ROW over a private road

Postby span » Thu May 25, 2017 7:23 pm

saxondown12 wrote:Thanks, but why is this not an excessive use of the ROW ?

A "building plot" implies one house


No, it doesn't. It is as it states, a plot for building on.
span
 
Posts: 1472
Joined: Sat Nov 06, 2010 2:34 am

Re: ROW over a private road

Postby mr sheen » Thu May 25, 2017 8:40 pm

No restriction is specified in terms of number hence there is no restriction.

The use of 'a' does not specify a numerical restriction since 'a' is not a number. There is a building plot ie a plot suitable for building. No further specifications are indicated.

If it was the intention to limit the right of way to a plot of land with one property this would have to have been specified since it would be a 'restriction' and hence would need to be specified along lines.....a building plot for a single dwelling house. Without detailed restrictions, the principles of land having an unrestricted right of way will be assumed.
mr sheen
 
Posts: 2093
Joined: Fri Feb 27, 2009 3:33 pm

Re: ROW over a private road

Postby mugwump » Thu May 25, 2017 9:06 pm

We'll have to agree to disagree as I believe that the wording does supply the restriction as it is worded.

A dwelling house can only mean a single dwelling house . I know of no logical or common sense way that 'a dwelling house' can mean more than one. The word 'single' is superfluous and can therefore be omitted.

The test is normally how would an ordinary person interpret that phrase.
mugwump
 
Posts: 431
Joined: Tue Jul 10, 2007 6:34 pm

Re: ROW over a private road

Postby Collaborate » Fri May 26, 2017 12:11 am

OP: "I have a question to ask."

All: "this is the answer"

OP: "I know - I'll start 4 successive threads about the same f..king thing"

All: "here's your answer"

OP: "F..k that. I'll start a 5th thread"

Span: "This is your 5th thread"

OP: "So what's the answer then???????"

OP - you've got issues, mate.
Collaborate
 
Posts: 1136
Joined: Mon Feb 23, 2015 10:17 am

Re: ROW over a private road

Postby saxondown12 » Fri May 26, 2017 9:33 am

So what's the answer then ????????
saxondown12
 
Posts: 20
Joined: Thu Apr 27, 2017 5:13 pm

Re: ROW over a private road

Postby MacadamB53 » Fri May 26, 2017 10:56 am

saxondown12 wrote:I own some land, which has a ROW over a private road for access. The deed states that the ROW is given for " a building plot for a dwelling house". Can I build say 5 houses on that land and still use the original ROW granted ?
can we see all the wording please (with e.g. asterisks in place of names, etc to anonymise). thanks
MacadamB53
 
Posts: 6059
Joined: Mon Dec 10, 2012 12:13 am

Re: ROW over a private road

Postby saxondown12 » Mon May 29, 2017 6:42 pm

Message for "Collaborate" reads:

So a layman in legal matters doesn't format questions in the manner you approve or even dares to ask too many questions are all justifiable reasons for personal abuse, right ?
saxondown12
 
Posts: 20
Joined: Thu Apr 27, 2017 5:13 pm

Ads are not endorsed by www.gardenlaw.co.uk or the staff thereof and visitors should perform their own due diligence on the product or service offered.
 

Return to Rights of Way

Who is online

Users browsing this forum: Google Adsense [Bot] and 4 guests

cron