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tdlawyer
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If a home owner purchases a piece of land big enough to park

Resolved Question:

If a home owner purchases a piece of land big enough to park a vehicle on a private road, despite not living in the private road, is he allowed to drive over the private road onto the p piece of land he purchased? Would he need permission from the residents of the private road first ?
Submitted: 1 year ago.
Category: Property Law
Expert:  tdlawyer replied 1 year ago.
Hello, thank you for your question. My name is ***** ***** I can assist you with this.
Permission will be needed to drive over the private road from the owners of the road concerned. Sometimes, that permission exists in the form of an easement, which should be referred to in the title held by the Land Registry. This is easy to check, at the land registry website, by obtaining a copy of the register entry of the piece of road/land concerned. You can get to the Land Registry website here: www.landreg.gov.uk. There is a small fee of £4 charged by the Land Registry.
There is not usually any right just to go across land because it suits somebody to get to their own land.
You should ask the person that has purchased the land to set out specifically how they say they are entitled to pass over the private road, in order to get to their final destination, the new piece of land that they have purchased.
If you're not satisfied by their answer, then you ought to seek legal advice in relation to this, because it might be that you can obtain an injunction to stop them from using the road. If you do that successfully, the land is then known as a ransom strip, because you can effectively demand a ransom in terms of the premium to be paid, for that individual to be able to use it to get to their land.
I hope this answers your question. If you wish to seek any clarification, please do let me know. Otherwise, please do remember to rate the answer as highly as you can for me.
Kind regards
Tony
tdlawyer, Lawyer
Category: Property Law
Satisfied Customers: 1096
Experience: Lawyer with 9 years experience of advising on property issues.
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