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Buachaill, Barrister
Category: Law
Satisfied Customers: 10528
Experience:  Barrister 17 years experience
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Right of way My deeds give my right of way to my property

Resolved Question:

Right of way
My deeds give my right of way to my property over a private road which serves a number of other properties. One of those is a new property whose deeds read
"TOGETHER WITH a right of way from time to time and at all times
hereafter by night or day and for all purposes connected with the use
and enjoyment of the LAND hereby transferred but not for any other
purpose whatsoever for the Transferee and his successors in title
owners or owners and occupiers for the time being of the land hereby
transferred or any part thereof (in common with the Transferor and all
other persons having the like right) with or without vehicles of any
description and with or without animals over and along the way shown
coloured brown on the plan.
My deeds state right of way to PROPERTY instead of the word LAND.
He has since built a house on this land. Does he officially have right off way to his property.
Submitted: 1 year ago.
Category: Law
Expert:  Buachaill replied 1 year ago.
1. I regret to say that this landowner does have a valid right of way to his land or property. It makes no difference whether the word "land" or "property" is used in de-marking a right of way. The two terms are used interchangeably to denote the same thing. For example, in university law degrees, some institutions teach "property law" and other institutions teach "land law" but both are the same course and the same cases are cited. So in law, it makes no difference that these two terms are used. Additionally, there is no rule of law distinguishing that land only refers to land without a building on it. This is not the case in law. Land can include buildings or it may not. But no distinction can be drawn on this basis.
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