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Joshua
Joshua, Lawyer
Category: Property Law
Satisfied Customers: 25358
Experience:  LL.B (Hons), Higher Prof. Dip. Law & Practice
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If there is a right of way across land via foot and vehicle

Resolved Question:

If there is a right of way across land via foot and vehicle and services. What else can they change? At present is kerb and grassed area but could they change the to Tarmac or gravel without getting our permission even if a planning permission was granted for the land beyond our piece of ground.
Submitted: 2 years ago.
Category: Property Law
Expert:  Joshua replied 2 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 :

May I trouble you for the exact wording of the right of way if you have it to hand please?

Joshua :

Is the land over which you have a right of way privately or publicly owned?

Customer: <!DOCTYPE html PUBLIC "-//W3C//DTD XHTML 1.0 Strict//EN" "http://www.w3.org/TR/xhtml1/DTD/xhtml1-strict.dtd"><html xmlns="http://www.w3.org/1999/xhtml"> <head> <meta http-equiv="Content-Type" content="text/html; charset=utf-8"/> <title>Develop Ineo+ 224e-20141105120434</title> </head> <body> <div class="page" title="Page 3"> </div> </body></html>
Joshua :

Unfortunately the above link is not accessible. Are you able to try a different method?

Customer: Cannot get a copy of the words from the document to send you but the land Is privately owned.
Joshua :

No problem. Does the right of way specify the extent of the area of which you have a right of way by reference to a plan?

Joshua :

Does the right of way specify that you have a right of way for all purposes connected with your property on foot and by vehicle or words to that effect?

Customer: Yes I own the land and a neighbouring property has right of way over for foot, vehicle and services. They now wish to develop this land and access will be over this ground which at present I'd kerb and grassed area. I understand the right of way across it and that they can dig it to put in services but do not want it changed into a Tarmac or gravel drive for their benefit.
Customer: It is marked on a plan .
Joshua :

Thanks.

Joshua :

the basis of their right-of-way is based upon the state of the land at the time the right of way was granted or as described in the right of way wording itself. So for example if the right of way comprised a small width of tarmac and grassed area at the time of grant, this denotes the extent of their right of way. If on the other hand, the wording of the right-of-way describes the right-of-way as a tarmaced area measuring 2m in width then they can rely on this description in respect of their right of way.

Joshua :

having a right of way your land is not the same thing as owning the land. Beyond insisting on the maintenance of the right-of-way - i.e. that you cannot block the right-of-way so as to materially reduce their use of the same - they have no rights over your land nor can they alter your land as it does not belong to them. they merely have a right of way to the extent granted to them

Joshua :

Accordingly they may not alter or interfere with your land without your permission. If they claim you have done some act to your land which has restricted or materially interfered with them right-of-way as originally granted, they could seek an application through the courts if necessary to require you to reinstate the right-of-way condition commensurate with the original terms of the grant however that is the extent of their rights.

Joshua :

their deeds may provide a further rights over your land to carry out things such as connecting services and carrying out maintenance and so on but this would need to be by separate right and is not implied. In addition, if there are such rights, they would normally be subject to making good your land and will not typically provided they have a right to alter your land to suit them

Joshua :

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

Joshua :

Have I been able to help you with all your questions on the above?

Joshua, Lawyer
Category: Property Law
Satisfied Customers: 25358
Experience: LL.B (Hons), Higher Prof. Dip. Law & Practice
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