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Buachaill, Barrister
Category: Law
Satisfied Customers: 10946
Experience:  Barrister 17 years experience
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If I apply Easement of necessity regarding access to

Customer Question

If I apply for an Easement of necessity regarding access to brown belt land, on a private road, can other owners of the road object to that easement?
Submitted: 1 year ago.
Category: Law
Expert:  Buachaill replied 1 year ago.
1. Dear *****, at the outset, you need to realise that it is only very rarely, that an easement of necessity is ever granted. So long as there is some form of access to a piece of land, such as here by virtue of the verge your own, an easement of necessity will not be granted. So, whilst you can seek to have an easement of necessity created, I fear you might not succeed in obtaining one. Be aware that all existing owners and easements holders of the road, you seek to use, will be able to objecte to any easement of necessity being granted. So, if the other holders object, there will also be an uphill battle. I would instead advise you to seek to purchase a right of way over the roadway by buying off the other rights holders so there is no doubt but you have a right of way. This will solve the problem of access and make your houses more saleable.
Expert:  Buachaill replied 1 year ago.
2. Please Rate the answer as unless you Rate the Answer your Expert will receive no payment for answering your Question so there is no incentive to answer any further Questions.
Customer: replied 1 year ago.
I am not sure the barrister understands the question. The verge is on a private road, and I own it, it leads into the rear gardens
of some brown belt land, the private road the verge is on has access for residents. If planning permission is granted, once the houses are built there would be automatic access, but until they are built, technically they are not 'residences on the road' so there is no right of access to build the houses. The existing road users would definitely not agree to sell a right of way along the road at any price. If the Barristeris right, then the houses will never be able to be built.
Expert:  Buachaill replied 1 year ago.
3. I appreciate your conundrum. However, "easements of necessity" are never granted. You will have to seek some other means of accessing the land to build the houses. Or else you purchase a licence for as long as it takes to build the houses. But the law does not create easements of necessity in this situation or any situation.