Good point. AFAIK there is no evidence to show that they did that and don't forget the land transfer occurred when it was a building plot. The Law of Property Act 1925 62 (1) says:mugwump wrote:Have you thought that the builders may have come to an agreement to have a wider access during the building?
I would say that a land conveyed as a "Building plot with outline planning permission" would be reputed to have access suitable to bring in building materials.A conveyance of land shall be deemed to include and shall by virtue of this Act operate to convey, with the land, all buildings, erections, fixtures, commons, hedges, ditches, fences, ways, waters, water-courses, liberties, privileges, easements, rights, and advantages whatsoever, appertaining or reputed to appertain to the land, or any part thereof, or, at the time of conveyance, demised, occupied, or enjoyed with, or reputed or known as part or parcel of or appurtenant to the land or any part thereof.
You also get into the "what was the solicitor doing allowing his client to buy a building plot without access to enable building?". The land would be an allotment, not a building plot. And also, what would happen if the house burn down and had to be rebuilt? Can the vendor charge for access? In effect selling the land again.
The only rational explanation is that the words in land registry mean just what they say, access along and over the right of way (to any exit since none is specified). Also, the vendor was bending over backwards to make the sale go ahead. He'd given up 90m2 of garden for the ROW which wasn't in the original deal. Would he care about the wall? He built a new garden wall the other side of the ROW so the old garden wall was nothing to him. The only reason the wall was rebuilt was to keep Parish Council happy as they claimed it was their land, l**ing toerags! If it wasn't for PC back then the property would have direct access to road and NfH couldn't make these problems.
The other issue is in land registry the ROW is my responsibility to maintain and it is shingle. How do I do that it I can't get a dumper truck in? I have the same issue with my drive, also shingle and twice the size of the ROW. You need to get a dumper truck in to replenish the shingle. There is 20 tons on my drive and 10 ton on the ROW.