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Buachaill, Barrister
Category: Law
Satisfied Customers: 12311
Experience:  Barrister 17 years experience
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Can a access road with a codicil be partially sold and does

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Can a access road with a codicil be partially sold and does the
JA: Where is this? It matters because laws vary by location.
Customer: Hertfordshire
JA: What steps have been taken so far?
Customer: None we have a long drive but a restriction saying access to one property and one garage
JA: Anything else you want the Lawyer to know before I connect you?
Customer: we have a large garden with a part build on it as well as original bumgalow
Customer: replied 13 days ago.
If the back half of access road is sold to new owner does codicil carry over to new owner who could be next door neighbours
Customer: replied 13 days ago.
There would be an extension of their property by us selling this to them but they are worried that the restriction on the front access road which would not be available to them as there is already another entrance for them would not be needed
Customer: replied 13 days ago.
The access road has codicil stating that only access for one dwelling and for a garage for that dwelling allowed. But would that then finish at the end of the garage so behind has no further access from road

Hello, and thank you for your question. I am your Expert and I will provide the answer you require.

1. This is a situation with the potential for a huge downside for you. Essentially, you need to negotiate with the owner of the access road, who holds the benefit of the codicil, to get a release from the codicil which restricts the right of access along the front access road to one house and garage, so that at least two houses can use the front access road. Otherwise, your potential sale to this purchaser will fall through and the new build will be unsaleable. So, you need to sort out the issue of the access road urgently. Be aware that the solicitor advising the purchasers of the new build will point out the problems with the access road at the front and will advise them not to complete the sale without the problem being solved. This is because they can be prevented from accessing the new build if they purchased it by the person who holds the benefit of the codicil in relation to the access road.

Customer: replied 6 days ago.
We have an in and out and the out is on the land with codicil my biggest worry is the bungalow at front which would not be used to the access we bought is called Sunvale we want to sell it to fund new build behind. we will be the only house using the road in question can we legally change the new build to Sunvale at the bottom of the access and call the original bungalow another name as they have said for the use of Sunvale only as one dwelling

2. There is no problem with changing the names of the houses. However, this does not change the legal position concerning only one house being allowed to use the portion with the codicil attached. It does not matter which house is called Sunvale, as the same legal restriction applies to the part with the codicil attaching.

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Customer: replied 6 days ago.
The access road is registered separately to Sunvale and the road runs along the side of the boundary but the house we are building is further back and to the side of access road after the garden and bungalow we want to sell finishes so if the land sold at front with bungalow on it is called for instance Apple trees this does not form part of the estate of Sunvale so we are still only having one house on our own land which now still accesses only our home and not Apple trees ?? Is that possible
Customer: replied 6 days ago.
Ps the plot with bungalow at front we want to sell has its own access so would’ve be using our access
Customer: replied 6 days ago.
Sorry should have read would not be using our access
Customer: replied 6 days ago.
Are you able to reply to my messages now or ASAP
Customer: replied 6 days ago.
Is anyone available to answer my question please