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Jo C.
Jo C., Barrister
Category: Law
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Experience:  Over 5 years in practice
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Does a right of access ONLY apply to the land owned when the

Customer Question

Does a right of access ONLY apply to the land owned when the right of access was given?
e.g. if a landowner expands his land, is he allowed to use a right of access to build on the whole land, or just the land that is outlined in the right of access document (in this case a transfer document).
Submitted: 4 months ago.
Category: Law
Expert:  propertylawyer replied 4 months ago.

What did the city law firm advise?

Customer: replied 4 months ago.
They didn't understand the question and quoted a large fee!
Expert:  propertylawyer replied 4 months ago.

Do you have a copy of the title/deed of easement in pdf format, you can attach it via the paperclip icon. I will take a look at the wording.

Customer: replied 4 months ago.
not of the transfer granting the easement (i've requested Land Registry try and find it - not a "copy filed" one). it's a very broad vehicular access right.original transfer included a thin strip of land next to a private road. more land was acquired and "bolted on" to the strip of land.now, developer wants to build land on all of the expanded plot accessing the private road (which I own).so my question is just - does the access stick with the land, or could a developer use the small access he has to build on a wider plot. common sense would be no.thanks
Expert:  propertylawyer replied 4 months ago.

It is a bit of a grey area. It all depends on the wording of the easement. There is conflicting caselaw on the issue. Each case turns on its facts, circumstances and construction of the the easement itself.

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