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Aston Lawyer
Aston Lawyer, Solicitor
Category: Property Law
Satisfied Customers: 10585
Experience:  LLB(HONS) 23 years of experience in dealing with Conveyancing and Property Law
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Past 30 odd years I have owned a workshop that had

Resolved Question:

For the past 30 odd years I have owned a workshop that had a right of access written into the deeds of the workshop that gave people access to the workshop over a driveway owned by other persons. If I demolish my workshop and build residential properties does the right of access still remain or is it lost when the workshop is demolished???
Best regards,
Michael Tonkin
Submitted: 2 years ago.
Category: Property Law
Expert:  Aston Lawyer replied 2 years ago.

Hello and thanks for using Just Answer.

I am Al and am happy to assist you with your enquiry.

Could you please let me have the wording for the right of way that you have.

Thanks

Al

Customer: replied 2 years ago.
I Edward Payne, called the transferor hereby transfer to Tonard Limited, called the transferee, a right of way in common with all other persons entitled to use the same over the access way subject to a fair proportion of the cost of the maintenance thereof and subject to the rights of other persons to use the same for loading and unloading and other purposes.
Dear Al, the above is basically the wording of the right of access that was transferred to my company,Tonard Limited by Edward Payne. I have always known that I have access to every inch of the yard that leads up to my land that my workshop stands on because the yard is coloured in on my deeds and they clearly state that I have access to all of that coloured area but would I still have access to my land if I demolished my workshop and replaced it with some residential housing??? Hope this is of help to you.
Expert:  Aston Lawyer replied 2 years ago.

Hi Michael,

Thanks for your reply.

A right of way (ROW) "attaches to the land" it is granted.- ie that land (your land) gains the right of way, as opposed to the person who owns the land or for a particular purpose, unless the ROW is restricted in its wording.

So, if the ROW had said "I grant a ROW to Tonard Limited for the purposes only of them accessing their workshop" or worda to that effect, then that ROW is only to be used for that purpose.

However, it appears from what you tell me that you have a general ROW for the benefit of your land. Therefore, the right granted is to allow you access to your LAND, and therefore whether your workshop remains in place or not, makes no difference whatsoever.

I am therefore of the view that your ROW will remain if you were to demolish your workshop.

I hope this assists and sets out the legal position to you.

If I have helped, I would be grateful if you could rate my answer.

Kind Regards

Al

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