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Aston Lawyer
Aston Lawyer, Solicitor
Category: Law
Satisfied Customers: 10176
Experience:  Solicitor LLB (Hons) 23 years of experience in Conveyancing and Property Law
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I have owned a property years and granted access to the

Customer Question

i have owned a property for 35 years and granted access to the owners of occupiers of the house. originally the house had gardens but the reason the property changed has some 19 years ago was due to death and the beneficiary sold the house only not the garden. now the land is up for auction and you can ONLY get to this by access over my land. please advise if they the new owner can just cross my land? the house is still owned by the new owner and they use the agreed access but i have no agreement with the owner of the land.
Submitted: 5 months ago.
Category: Law
Expert:  Aston Lawyer replied 5 months ago.

Hi,

Thanks for your enquiry.

I am slightly confused as to who owns what. So, a third party owns the house? Does some other third party own the garden and you own some land adjoining the garden?

I look forward to hearing from you.

Al

Customer: replied 5 months ago.
the party who has access rights is still in the House. The land was separated from the house when the current occupier bought it. the owner of the land (who is not associated with the house) is now trying to sell the land via public auction BUT this can only be accessed via my land and i have not granted any permission other then to the occupier of the house.
Expert:  Aston Lawyer replied 5 months ago.

Hi,

Thanks for clarifying matters.

Well, as the land and the house are in separate ownership, any rights which the house owner has do not transfer/apply to the land.

Hence, if no specific right of way has been granted in favour of the land, then any owner of the land does NOT have any legal right of way over your land. Your land therefore becomes "a ransom strip".

I hope this confirms the legal position, but please let me know if you require any further assistance.

If not, please don't forget to rate my answer.

Kind Regards

Al

Customer: replied 5 months ago.
Thanks can you tell me which law applies here
Expert:  Aston Lawyer replied 5 months ago.

Hi,

It is just basic property law- there is no Statute applicable to this issue.

Kind Regards

Al

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