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Joshua
Joshua, Lawyer
Category: Property Law
Satisfied Customers: 25988
Experience:  LL.B (Hons), Higher Prof. Dip. Law & Practice
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I own a house with 15 acres of land which is accessed via a

Customer Question

I own a house with 15 acres of land which is accessed via a private driveway which I also own. Further on from my property there is a farm which has a right of way for “agricultural purposes only for the owners and occupiers for the time being of the adjoining property known as **** farm and all others properly entitled to the like right over and along the road shown on the said plan” (my private driveway). There is also another property with an agricultural occupancy restriction on the farm land (**** bungalow) occupied by a relative of who owned the farm. The farm has recently been sold but the sale did not include the bungalow and 20 acres of land which is still occupied by the previous owner’s relative. I now understand that this property is about to be offered for sale with 20 acres of land. My question is, as the agricultural right of way is specifically for ***farm and the bungalow and 20 acres of land is no longer part of *** farm, does a new purchaser of this property have a right of way across my private driveway to gain access to the bungalow and land?
Submitted: 3 years ago.
Category: Property Law
Expert:  Joshua replied 3 years ago.

Joshua :

Hello and thank you for your question. I will be very pleased to assist you. I'm a practicing lawyer in England with over 10 years experience.

Joshua :

From what you say do I understand correctly that the bungalow did benefit from the ROW as part of the larger farm?

JACUSTOMER-4hi06tju- :

yes

Joshua :

Thanks.

Joshua :

legal rights of way attach to land rather than people or bricks and mortar. accordingly, if the bungalow comprised land which was granted legal easement over your driveway, the fact that it may be separated off and sold separately in the future will not prevent above right of way being exercised by the bungalow

Joshua :

however, if the bungalow land was not granted legal easement, it will not be able to exercise a right of way over your driveway

Joshua :

even if it does have a legal easement which is likely to be the case from what you say, from what you write, the legal easement is limited to an agricultural easement and accordingly, the right-of-way would not be valid for the purposes of using the bungalow is a residential property free of agricultural tie. if the intention is to sell the bungalow as a residential property free of the tie, they will need to negotiate a new legal easement with you for which you would be entitled to charge a premium failing which, it would have no lawful right of access

Joshua :

in order to absolutely confirmed whether the bungalow benefits from the same rights of way as the farm, you can consider attaining a copy of the title entries from the land Registry for the bungalow to confirm that the land includes a right of way over your driveway

Joshua :

is there anything above I can clarify for you?

JACUSTOMER-4hi06tju- :

I have just checked and there is no registered title for the bungalow at the land registry?

Joshua :

Thanks. Is it included with the farm do you think?

Joshua :

Is the farm registered?

JACUSTOMER-4hi06tju- :

The farm is registered as it has recently been sold - I will purchase a copy and come back to you

Joshua :

You may find that the bungalow is registered as part of the farm - consider obtaining title entries and plan for the farm. The plan will likely have to come in the post if it is a farm

Joshua :

If it is not then you can carry out a SIM search drawing the area on the plan you want to search and sending it to HMLR. They will advise if there is a registered title number for the bungalow. There is a fee of £5

Joshua :

www.landregistry.gov.uk/_media/downloads/forms/SIM.pdf

Joshua :

If there is you can then obtain title entries for that title to confirm.

Joshua :

If not you can put anyone using a right of way to the bungalow to proof to evidence a right of way over the drive and have them present evidence to you.

Joshua :

Is there anything else I can help you with?

Joshua :

Does the above answer all your questions or is there anything I can clarify or help you with any further?

JACUSTOMER-4hi06tju- :

Sorry lost my internet connection, i will revert on Tuesday

JACUSTOMER-4hi06tju- :

I have checked with the land registry and there is no registered title for the bungalow and the bungalow is not included in the registered title for the farm so do you think the bungalow has right of way over my land as the occupant does not farm and is 80 years old?