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JGM
JGM, Solicitor
Category: Property Law
Satisfied Customers: 11148
Experience:  30 years experience in property law.
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in my title deeds it says i have 'a non exclusive servitude

Resolved Question:

in my title deeds it says i have 'a non exclusive servitude right of access for all domestic, estate (including light business use), pedestrian and vehicular traffic to and from the subjects in this title'
I have exercised this for the last 11 years without any limits to the amount of traffic, the access road has recently been sold and the new owner is wanting to limit my use to onbe car a day and non at weekends, is this possible, can you tell me if there is a definition of light business use and if so what it is?
Submitted: 2 years ago.
Category: Property Law
Expert:  JGM replied 2 years ago.
The new owner is not allowed to impose this restriction. There is no legal definition of light business use. A common sense approach has to be taken. As you also have a servitude for "domestic" use and it would be reasonable for domestic use to cover two or three cars entering and leaving several times a day, it would be reasonable to interpret light business use as being that at least and probably more.
I think the way you have to approach this is to consider what would not be acceptable. Large lorries and vans and other commercial traffic using the road on a regular basis would probably not be acceptable. However, your own vehicles and that of family, tradesmen, deliveries etc are covered without restriction in my opinion.
The purpose of the servitude is to enable you to access your property in the way that was envisaged by the drafter of the title deed. It is not for the owner to interpret this in the restrictive manner you describe.
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