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Ask wingrovebuyer Your Own Question
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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there is a right of way over my land to the rear of an adjacent

Customer Question

there is a right of way over my land to the rear of an adjacent cottage which is in the conservation area and appropriated vehicle access over the years .
my question is can they us this right of way for a new house in there back garden which I object to for this extended use....
Submitted: 4 years ago.
Category: Property Law
Expert:  wingrovebuyer replied 4 years ago.

wingrovebuyer : Hello. You mention a right of way and an appropriated right. Can you clarify please? Do you mean there was a right on foot, and the vehicular right arose by prescription (long use)?
JACUSTOMER-kmo6jb7g- :

the conveyance dated 9 January 1956 referred to above contains the following provision ..

JACUSTOMER-kmo6jb7g- :

it is herby agreed and declared that the purchaser shall not other than as expressly provided become entitled to any easement or right of light or air or other easement or right which might restrict or interfere with the free use of the adjoining or neighbouring land or the vendor by him or any other person deriving title under him for building or any other purposes.".................but it dose not say anything about a new dwelling

wingrovebuyer : Thanks. This suggests there are specific rights granted - what are these please?
wingrovebuyer : Also, please clarify what youmean by a vehicular right being appropriated over the years? Are you saying another right has arisen by long use?
JACUSTOMER-kmo6jb7g- :

conveyance of the land dated 1966 contains the following provision....together also with full right and liberty for the purchaser and he successors in title owners or occupiers for the time being of the property hereby conveyed and her or their respective servants and licensees 9in common with all others having a like right) at all times hereafter by day or night to pass to or from the property hereby conveyed from or to the lane afore said over and along the private track with or with out vehicles of any description and with or with out animals for all purposes what so ever.

wingrovebuyer : Thanks. This makes matters clear.
wingrovebuyer : Im afraid my view is that this right is not subject to any limitations. Accordingly, the new property can also use the track because there is no limitation on the use being limited to one property only, or for any particular purpose.
JACUSTOMER-kmo6jb7g- :

when I say appropriated I mean used for many years

wingrovebuyer : Thanks.
wingrovebuyer : As I say, the original parcel of land has the benefit of this unlimited right, and so the land can be split into smaller parcels, each benefitting from the right. I appreciate this isn't what you wanted to hear, but I'm afraid it is my view.
JACUSTOMER-kmo6jb7g- :

I your opinion is it worth pursuing it through the courts would I stand any chance in stopping the building ....?

wingrovebuyer : Sorry, no, not on the basis of what you've set out here because, as above, the whole of the property has an unlimited vehicular right of access, not subject to any conditions. Splitting off one part of it for a new build might intensify the use, but the right is not limited to one property.
JACUSTOMER-kmo6jb7g- :

thank for your clarification and advice ..........

wingrovebuyer : No problem. Please don't forget to leave a rating, or JA won't pay me for helping you. Best, WB.