Dividing up land and right of access

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Strawberryblonde
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Dividing up land and right of access

Post by Strawberryblonde » Sun Mar 31, 2019 2:14 pm

We have an ongoing issue regarding a right of access over our driveway to a patch of land owned by our neighbour. There is a shared driveway coming off the main rd which is owned by our neighbour that we have a right of way over. There is also a right of access over the driveway at the front of our house for my neighbours to access a plot of land that lies to the rear of our house

It’s a super messy arrangement which has caused all kind of trouble as our neighbour is obsessed with building a house on that plot of land and using his right of access as a new driveway (this has been declined a number of times)

We have now learned that he has put his house on the market (without the plot of land) my question is whether he would still retain his right of access over our driveway if he no longer owned the house that the plot is attached to

The deeds state that the owner of his property and his successors in title have a right to pass and repass on foot or with vehicles to access this land

Our concern is that even if he sells his house he is still going to spend the majority of his time harassing us over this right of access over our land

Also Would he be allowed to pass over the new owner of his houses driveway to access our driveway?

ukmicky
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Re: Dividing up land and right of access

Post by ukmicky » Sun Mar 31, 2019 3:33 pm

What do you mean attached to.

Does the plot of land and the house currently form part of one title at the land registry.
Any information provided is not legal advice and you are advised to gain a professional opinion

Strawberryblonde
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Re: Dividing up land and right of access

Post by Strawberryblonde » Sun Mar 31, 2019 6:31 pm

Yes the land belongs to their house it is all one title at the land registry

IdefixUK
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Re: Dividing up land and right of access

Post by IdefixUK » Sun Mar 31, 2019 7:17 pm

Hello Strawberryblonde,

It seems to me that if the deeds to the neighbour's land, or your land, do not state otherwise, every inch of the land in the neighbour's title benefits from the easement across your land. This will also be the case if he divides the land in two and sells one part....both parts will continue to benefit from the easement . However, if the plot behind your land also requires access across some of the land he will be selling then he will need to reserve an easement across that to benefit his retained land (the bit he is not selling). (Even if he doesn't do this you have no cause for any action against him as you will not be the owner of the land he sold).
If the easement (right of way) across the land you own states, for example, "to allow access to a single dwelling house" then perhaps you have a case to prevent the neighbour accessing the land after the sale of the existing house and part of the land, as the remaining land in his possession will not have a house on it.
Another aspect springs to mind...in the event that a house is eventually built on that plot would services such as water, electricity and sewerage need to be installed either under or over your land? Unless the wording of the existing easement allows for this, your neighbour will need to try to negotiate a new easement with you to allow this. You would then be in a position to ask money for this.

A diagram of the layout and the whole wording (reacted) of the easement would be useful to readers of this thread.

Regards

Strawberryblonde
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Joined: Sat Mar 30, 2019 1:08 pm

Re: Dividing up land and right of access

Post by Strawberryblonde » Sun Mar 31, 2019 9:33 pm

Thankyou for your reply its definitely food for thought Thankyou. I will dig out the plans and deeds for further information to help to clarify the situation

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