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propertylawyer
propertylawyer, Solicitor
Category: Law
Satisfied Customers: 285
Experience:  Property Solicitor with expertise in commercial and residential property transactions.
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My property was created by the breaking up a larger property

Resolved Question:

My property was created by the breaking up a larger property in to two and a restricted covenant created in the deeds allowing us to cross our neighbours drive to access our property and for the neighbour (original owner and having the retained property) to use our drive to access the rear garden of their property and adjoining paddock. The wording of their rights is:-
1. A right of way at all times and for the use of the Retained Land as a private dwelling with ancillary equestrian use with or without vehicles and with livestock as appropriate over that part of the Driveway that forms part of the Property subject to the Transferor paying a fair proportion of the proper costs of maintenance repair and renewal of the Driveway
If they were thinking of selling or renting out the paddock what would happen to the Easement? Surely there would be no automatic entitlement for a purchaser to have right of way across our land?
Thanks in advance.
Submitted: 1 year ago.
Category: Law
Expert:  propertylawyer replied 1 year ago.

Hello

Thanks for your question.

It would depend on whether the paddock is within the definition of the property which has the benefit of the easement.

Do you have a pdf of the title so I can check?

Customer: replied 1 year ago.
paddock was within the property that had the easement. Title attached. Would appreciate your thoughts.
Expert:  propertylawyer replied 1 year ago.

Thanks for the copy transfer. Do I assume correct that you own/are buying the red land?

Customer: replied 1 year ago.
Hi - yes that is correct, we own it. Easement/covenant was created when the previous owners bought the red area and the property was effectively divided in two
Expert:  propertylawyer replied 1 year ago.

The relevant right for the neighbour and the right of way/access is at paragraph 3, second schedule. Do note para 2, fourth schedule. This allows equestrian / ancillary business and commercial use.

The easement will pass with the land so a buyer of the retained land will get the benefit of the easement, even if part of the retained land is sold. Furthermore, I think that the easement can also be used for ancillary equestrian / commercial use.

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