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wingrovebuyer
wingrovebuyer, Senior Solicitor
Category: Property Law
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Experience:  Bachelor of Laws (Honours); PG Diploma in Law; Member of ALA; 9 years' experience
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My title deeds specify that I have 20 foot wide rights of access

Resolved Question:

My title deeds specify that I have 20 foot wide rights of access over the land shown in blue on the attached map. The land shown blue is narrower - more like 8 foot - for half its length. Do I have access over neighbouring land to bring the width up to 20 foot for the entire length?
Submitted: 11 months ago.
Category: Property Law
Expert:  wingrovebuyer replied 11 months ago.
Hello. Generally, "once a right of way always a right of way", so yes, you have rights over the 20ft width. However, if the width has been narrowed by a wall, fence or building, and this has been in place for a number of years, a court might find that the access right has been varied by the actions of the parties to now only be over the remaining width. What do you use the right for (ie access with vehicles etc)? WB
Customer: replied 11 months ago.
the land shown in blue was purchased as a separate parcel, so has never been 20 foot wide for its entire length.
Expert:  wingrovebuyer replied 11 months ago.
I think it must have been 20 ft wide at some point, otherwise the grant of the right is a nonsense. However, if it has been only 8 ft wide for a very long time, then your rights will now be limited to that width - the law will infer an intention to amend the right rom 20ft to 8ft where the change has been physically in place for many years. It seems that you cannot now seek to enforce a right over a 20ft strip of land. Sorry! Please don't forget to leave a rating. Best, WB
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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