We own an orchard, which is separated from a private road by a neighbour's front lawn. The neighbour owns a right of way onto the private road, and has agreed to sell us a strip of his garden in order to provide us with access to the private road.
Whilst I understand that technically, the right of way we will acquire on purchase of his lawn pertains just to the piece of lawn, in reality, this will open the way for us to exit also via the private road.
I took advice from you in April relating to this issue. You gave me to understand that if we bought the 'ransom' strip of land to acquire a right of way over the private road then technically, this would not give us the right of way from our own land to the road, (ie in law we could not drive across the ransom strip to go onto the private road) in practice,though, you said that egress to the private road was able to be achieved by giving ourselves a right of way from our existing land onto the new piece of land.
I was also told that the other road users would have no right to object, and the road owner had no right either, as purchase of the ransom strip gives automatic right of way.
We have submitted a planning application on the basis that the access from our orchard to the private road (ownership is recorded with the land registry) would be achieved by the purchase of an adjoining strip of land which has right of way.
Our lawyer however, tells us that this is a big problem, as we do not achieve right of way in this manner, and therefore could not sell the new property we intend to build with access rights.
Could you please tell me whether, in practice, this is wrong (I understand that by the letter of the law it is wrong) and if it is wrong, then who could stop us from using this means of access?
Can the owner of the road object, and if so, what legal means would he have to prohibit our exit from our current property to the private road? Is an injunction possible?
We would also appreciate any recommendation as to solicitors in our area (Trowbridge) who will take a more practical view of this.