Full and free rights of way at all times & for all purposes

Full and free rights of way at all times & for all purposes

Postby Kingy808 » Mon Jan 01, 2018 11:45 am

Please can I ask advice as to what 'full and free rights of way at all times and for all purposes' means in practice?

For example can I put a gate across as long as the person with the right of way (to a retained property) has a key? I'm just a bit worried about security if there is 'full and free' access meaning anyone can go across the land at any time.

Many thanks
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Re: Full and free rights of way at all times & for all purpo

Postby mugwump » Mon Jan 01, 2018 12:06 pm

How will tradesmen and other visitors get through the gate if only the householder has a key?
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Re: Full and free rights of way at all times & for all purpo

Postby arborlad » Mon Jan 01, 2018 12:10 pm

Kingy808 wrote:Please can I ask advice as to what 'full and free rights of way at all times and for all purposes' means in practice?

For example can I put a gate across as long as the person with the right of way (to a retained property) has a key? I'm just a bit worried about security if there is 'full and free' access meaning anyone can go across the land at any time.

Many thanks





It's not the person that has the right - it's the land.
arborlad

smile...it confuses people
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Re: Full and free rights of way at all times & for all purpo

Postby Kingy808 » Mon Jan 01, 2018 12:45 pm

There's a piece of land with a retained property at the back which is in essence a substation with services to it for about 6 houses (at the end of their gardens as it were)

Does that mean I need to create a strip straight to the door of the substation, then I can secure the rest of the land?
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Re: Full and free rights of way at all times & for all purpo

Postby Collaborate » Mon Jan 01, 2018 2:42 pm

You'd need to post a plan.
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Re: Full and free rights of way at all times & for all purpo

Postby Kingy808 » Tue Jan 02, 2018 9:15 pm

I would upload a photo but it won't let me.

(a) Full and free right of electricity gas and water supply and telephone service to the Property as existing and running of foul and waste water from the Property as existing through the electricity supply and telephone service cables gas and water supply pipes and drainage pipes laid under the Retained Property

(b) Full and free right for the Transferee upon reasonable notice being given (except in the case of emergency) to enter onto such part of the Retained Property as shall be necessary for the purposes of;...

This is the LR wording
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Re: Full and free rights of way at all times & for all purpo

Postby Kingy808 » Tue Jan 02, 2018 9:17 pm

I think that's worked?
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Re: Full and free rights of way at all times & for all purpo

Postby Kingy808 » Tue Jan 02, 2018 9:26 pm

Full and free rights (in common with the Vendor the owners of the Retained Property and all persons authorised by them) of way at all times and for all purposes with or without vehicles and animals over and along the land shown coloured blue on the Plan forming part of the Retained Property
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Re: Full and free rights of way at all times & for all purpo

Postby Collaborate » Tue Jan 02, 2018 10:32 pm

So where do you want to place the gate? Whoever has the ROW can enter the blue area from any part of its boundary with your neighbour's land, and exit at any part. They may also continue to use the services that were existing at the time of the grant, and may enter for the purposes of.... (I can't tell this bit, as you didn't complete it, but presumably includes repair and replace or renew).
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Re: Full and free rights of way at all times & for all purpo

Postby Kingy808 » Wed Jan 03, 2018 9:03 pm

That's right, usual stuff like repair and maintenance. There aren't any services per se, although the substation type thing has services to it, it's not a 'property' in the sense it's not liveable it's just a block with services for the houses to the far left of the plot.

Past the blue area is where I could put the gate so allow access to the retained property along the right hand side of the land and secure the left hand side.
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Re: Full and free rights of way at all times & for all purpo

Postby Collaborate » Thu Jan 04, 2018 8:19 am

I'm still none the wiser about where you'd put the gate.

You could actually fence off the boundary between the blue plot and your land. You'd just have to allow the utility companies access to any services should they need maintaining. Doesn't mean you have to keep an entrance permanently open. As long as they could access the services from some entry point to your property you need not create a designated entry point through the blue land.
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Re: Full and free rights of way at all times & for all purpo

Postby Kingy808 » Thu Jan 04, 2018 8:58 pm

That's worth knowing thank you very much.

Yes the gate would fence off some of the land and leave an accessible path up the right hand side to the substation.
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Re: Full and free rights of way at all times & for all purpo

Postby ukmicky » Thu Jan 04, 2018 11:41 pm

Just remember that access could be required at 4 am in the morning and as it a vehicular right needs to be sufficent for the free passage of vehicles which could mean 7.5 ton lorries. That access also can’t be locked.
Advice given is not legally qualified and you are advised to gain a professional opinion
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Re: Full and free rights of way at all times & for all purpo

Postby Collaborate » Thu Jan 04, 2018 11:48 pm

ukmicky wrote:Just remember that access could be required at 4 am in the morning and as it a vehicular right needs to be sufficent for the free passage of vehicles which could mean 7.5 ton lorries. That access also can’t be locked.


That doesn't seem to be correct. The right is expressed as
Full and free right for the Transferee upon reasonable notice being given (except in the case of emergency) to enter onto such part of the Retained Property as shall be necessary for the purposes of;...


A right to enter is simply that. Does not give anyone the right to drive a vehicle as such a vehicle would not be necessary in order to repair the substation.
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Re: Full and free rights of way at all times & for all purpo

Postby ukmicky » Thu Jan 04, 2018 11:49 pm

Kingy808 wrote:Full and free rights (in common with the Vendor the owners of the Retained Property and all persons authorised by them) of way at all times and for all purposes with or without vehicles and animals over and along the land shown coloured blue on the Plan forming part of the Retained Property

So what is this bit
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