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LondonlawyerJ, Advocate
Category: Law
Satisfied Customers: 818
Experience:  Solicitor with over 15 years experience.
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My property is next to a small field that, many years ago,

Customer Question

My property is next to a small field that, many years ago, belonged to my house before being sold off by a previous owner in the 1950s. This isolated my gate on to a road at the bottom of the plot in someone elses field and I have a deed stating a right of way, no problem. (My house is actually on another road for usual vehicle entrance etc.)
The new owner of the land is to build a new house on this land and since the 1950s the owners of my house have entered the field freely and without any hinderence to empty the septic tank for my property which became isolated at the sale on the far side of the field from the boundary between my house and the land. The new house will block all possibility of emptying the tank after construction. Although the previous owners were not given a written right of way at that time will I be able to site long useage to maintain the right to continue to empty the tank and for maintenance. Personally we have owned our house and taken advantage of this facility without any hinderence for 15 years.
Pter Eccles.
Submitted: 2 years ago.
Category: Law
Expert:  LondonlawyerJ replied 2 years ago.
Hello, I am a solicitor with 20 years experience. I will try to answer this for you.
It sounds like yo have an easement of right of way expressly granted in the deed which right you will maintain whatever the new owner's plans are and they will need to either take your right of way into account or agree to pay you something to give up the right of way.
You would also seem to have an easement re the sceptic tank as well through long usage (ie by way of prescription). Your right to have the sceptic tank under their land plus pipes + right to empty it will l all be included in your easement.
It might be time you told the new land owner about this and invited his suggestions about what he intend to do to ensure your rights are not expunged.
As there could be quite a bit of money involved here it may be sensible to instruct a solicitor to negotiate on your behalf.