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Buachaill
Buachaill, Barrister
Category: Law
Satisfied Customers: 10525
Experience:  Barrister 17 years experience
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Can a landowner grant a second party the right of access

Resolved Question:

Can a landowner grant a second party the right of access over my right of access
Submitted: 9 months ago.
Category: Law
Expert:  Buachaill replied 9 months ago.

1. Dear *****, a right of way over an access is merely a right to pass and repass over a particular piece of ground. Can you clarify over whose piece of land does this right of access run ie who owns the land over which it runs? Secondly, what piece of land of yours benefits from the right of way? What land does the second party own and what benefit would the right of way be to them?

Customer: replied 9 months ago.
I have a right of way over a neighbors land (on my deeds) and he wants to put a house on it. In order to allow him to develop this land our neighbor is removing a second right of way, which crosses his land, which serves another property and giving them a right of way which crosses my right of way at 90 degrees. Can he do this?
Expert:  Buachaill replied 9 months ago.

2. I regret to say that the landowner can, so long as he does not obstruct your right of way. Accordingly, where the second right of way crosses your right of way at a 90 degree angle, there must not be any obstruction occurring of your right of way. Essentially, in law, the landowner can do anything he wants with his land so long as he does not interfere with your uninterrupted passage along your right of way. Creating a second right of way does not interfere of itself, with your right of way. So, it is permissible to do so. It would be different if your right of way were obstructed.

Expert:  Buachaill replied 9 months ago.

3. Not obstructing your right of way means that the point of intersection cannot have any walls or fences placed across it. There must be nothing which interferes with your right of way.

Expert:  Buachaill replied 9 months ago.

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