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wingrovebuyer
wingrovebuyer, Senior Solicitor
Category: Property Law
Satisfied Customers: 737
Experience:  Bachelor of Laws (Honours); PG Diploma in Law; Member of ALA; 9 years' experience
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ON THE DEEDS OF A COTTAGE MY MOTHER INLAW OWNS,IT REFERS TO

Resolved Question:

ON THE DEEDS OF A COTTAGE MY MOTHER INLAW OWNS,IT REFERS TO THE USE OF A SIX FOOT WIDE PATH THAT RUNS ACROSS THE FRONT OF THE AJOINING COTTAGE ,WHICH IS HER ONLY ACCESS TO AND FROM THE COTTAGE (NOT FOOT ONLY), WHAT DOES THIS MEAN.
Submitted: 2 years ago.
Category: Property Law
Expert:  wingrovebuyer replied 2 years ago.

Hello. This is probably a right of way ("easement") benefitting the cottage. It means that although the cottage owner doesn't own the pathway, they have full legal rights over it, for access. It can't be blocked up or diverted without consent. Does this assist? WB

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Customer: replied 2 years ago.

Does this wording NOT FOOT ONLY in the deeds mean that it can be used for vehicle access to the cottage,because the cottage needs total renovation,and this 6ft wide access is the only means of getting equipment and a vehicle to the cottage after renovation.

Expert:  wingrovebuyer replied 2 years ago.

do you have the full relevant wording to hand? If so, can I have it please?

Customer: replied 2 years ago.

Hi, on the deeds dated 11,10,1957 the wording relating to the access and use of the right of way is (BUT ON FOOT ONLY), when my inlaws obtained the cottage on the 20,07 1960 the wording in the deeds for this right of way was changed to( BUT NOT FOOT ONLY) ,wording on deeds ,TOGETHER WITH. the rightfor the purchaser and his successors in title the owner or owners for the time being of the property hereby conveyed and all persons authorised by him or them at all times hereafter and for all purposes but not foot only to pass and repass through over and along the pathway forming part of the adjoining property to the east .

Expert:  wingrovebuyer replied 2 years ago.
Thanks. This is unusual. The original right does seem to have been limited to access by foot only, but then there was a variation in 1960. The varied wording is odd, because it is not particularly clear, but what is clear is that the parties in 1960 intended to vary the right, and so it can be easily inferred that the right was widened so that it was no longer limited to an access on foot only. As I say, it could have been done more clearly in 1960, as the access is still referred to as a "pathway", which tends to suggest pedestrian use. However, there was clearly an intention to widen the right, and there no longer seems to be a limitation to the right being only by foot, with the "not" now inserted. I'd therefore say that the right of access can also be exercised by vehicles. Practically speaking, if the access is only 6 ft wide, this must be limited to vehicles which can physically pass along the pathway. Best, WB

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