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wingrovebuyer
wingrovebuyer, Senior Solicitor
Category: Property Law
Satisfied Customers: 737
Experience:  Bachelor of Laws (Honours); PG Diploma in Law; Member of ALA; 9 years' experience
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My cousin has a plot of land that he is building on and intends

Customer Question

My cousin has a plot of land that he is building on and intends to sell. Entry to the site is through our property. What is the average fee charged for access in these cases? Thank you.

 

Submitted: 3 years ago.
Category: Property Law
Expert:  wingrovebuyer replied 3 years ago.

wingrovebuyer : Hello. I note you are in northern Ireland, but I am certain the same "rule" applies in England and NI. In England, a case called Stokes v Cambridge set, as a starting point for negotiations, 33% of the value of the site with the benefit of the access right as a reasonable payment. Of course, such a payment might kill the development if it leaves no development profit, so you work down from 33% to an acceptable figure. This assumes he has no access rights, or insufficient access rights.