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Remus2004
Remus2004, Barrister
Category: Property Law
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Experience:  Over 5 years in practice.
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If someone has a right of way over your land to get to their

Customer Question

If someone has a right of way over your land to get to their woodland, but now the woodland is to be sold in small lots, causing a considerable increase in traffic over the right of way, can we object?
Submitted: 2 years ago.
Category: Property Law
Expert:  Remus2004 replied 2 years ago.
Thank you for your question. My name is XXXXX XXXXX I will try to help with this.

What is the exact wording of the right of way please?
Customer: replied 2 years ago.

The wording is "the land is subject to the following rights reserved by a Conveyance of the Land in this title and other land dated 24 June 1946 made between HR Bird(purchaser) and JC Becket (Sub-purchaser):- and also excepting and reserving unto the owner or occupier for the time being of the property known as Shortwood adjoining the premises hereby conveyed and to the owner or occupier for the time being of that part of Shortwood Rough Grounds which edged with a green line on the said plan a right of way for all purposes across the premises hereby conveyed between the points marked J and K on the said plan such owners and occupiers contributing a proportionate part of the cost of repairing and maintaining the said rights of way.

Expert:  Remus2004 replied 2 years ago.
Thank you.

If the piece of land which enjoyed the benefit of the easement is then split into small pieces, each of the new subdivided pieces gets the benefit of any easements enjoyed by the original large plot.

However it does mean that they are all responsible for paying part of the cost of repairing and maintaining the right of way.

They are also under a duty not to cause nuisance in the exercise of the right.

It would be grounds to object to the granting of planning consent would not be grounds to stop the right-of-way being used.

Can I clarify anything for you?

Jo
Customer: replied 2 years ago.

Ok, if one or more of the new owners started a business in the wood, e.g. paint balling, target practise/archery would that constitute a change of use and could I object on the grounds of excess traffic using the right of way.

Expert:  Remus2004 replied 2 years ago.
The right-of-way does say "for all purposes" so it does not matter that they are running a business.

However I can tell you that what is being proposed is a change of use and does need planning permission and you would be able to object on the grounds of spoiling the amenity, affect on fauna and wildlife, excess traffic in the area, adverse affect on your property, and in the case of paintball, excess noise both from people and from firing the guns constituting common-law nuisance.
Remus2004, Barrister
Category: Property Law
Satisfied Customers: 69786
Experience: Over 5 years in practice.
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Expert:  Remus2004 replied 2 years ago.

Thank you for the positive rating and remember that I am always available to help with your questions. For future information, please start your question with ‘FOR JO C’. You can also bookmark my profile http://www.justanswer.co.uk/law/expert-remus2004/

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