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Aston Lawyer
Aston Lawyer, Solicitor
Category: Property Law
Satisfied Customers: 10608
Experience:  LLB(HONS) 23 years of experience in dealing with Conveyancing and Property Law
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I am in the process of selling the freehold on a small parcel

Resolved Question:

Hi I am in the process of selling the freehold on a small parcel of land. the parcel of land is land locked by other land I own. The main entrance is securely protected from vehicles entering via electric gates. As part of the negotiations of the sale I have to be able to grant access 24 hours a day 7 days a week if needed. Can I insist on a clause in the sale agreement for an annual fee to be paid to me and if so what would be reasonable.
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.

It would not be normal or reasonable for you to request an annual fee, to be honest. As the land is landlocked, it is pretty worthless to any Buyer, without a suitable right of way being granted to them over your retained land.

The usual scenario, therefore, would be for you to grant the right of way, subject to the Buyer contributing a fair proportion towards the upkeep of the right of way (ie as and when any maintenance/ongoing electric charges for the gate, the Buyer will pay his due share).

You can always ask for an annual fee on top of any maintenance costs, but I doubt very much that any Buyer's Solicitor will advise their client to proceed on that basis.

Sorry this is not the answer you were looking for, but am giving my honest opinion.

Kind Regards

Al

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