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JGM
JGM, Solicitor
Category: Law
Satisfied Customers: 11551
Experience:  30 years as a practising solicitor.
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Our property has a servitude attached which allows us access

Customer Question

Our property has a servitude attached which allows us access over common ground to exit the property. If we subdivide the property will the right/servitude be transferred to the owner of the subdivided part, as well as continue for ourselves?
Submitted: 1 year ago.
Category: Law
Expert:  JGM replied 1 year ago.

No, not necessarily. A servitude has to be exercised with as little inconvenience as possible to the servient property. Two properties would increase the usage. You would have to acquire from the owners of the ground a new deed of servitude for the new property. Happy to discuss further. Please leave a positive rating so that I am credited for my time.

JGM and 2 other Law Specialists are ready to help you
Customer: replied 1 year ago.
I have checked the security document and it appears that access road is in fact common ground under common ownership with our neighbour. In these circumstances would subdividing our property allow the owner of the new subdivided part to have the same rights as we do to use the common ground for access
Customer: replied 1 year ago.
Hi
Just wondering if you got my follow up question?
Expert:  JGM replied 1 year ago.

Yes you can, but only with the consent of your neighbour. Joint owners have to make joint decisions.