A deed of gift of a plot of land [half acre] was given to an employee of our neighbour who owned the portion of private road from the main rd. The conveyance gave the donee rights to apply for planning for a bungalow but it did not give any rights to access from the main rd to the plot of land. The doner owned the land adjoining the donee's half acre plot with easements stipulating that hedging was put around the boundary of the half acre plot. Planning was refused, the donee died and his widow inherited the plot which was sold to the former owner of our land. The deed of gift was dated June 1969. The only access to the plot is from the main road onto the private road. The doner has died and the new owner owns the first portion of the private road from the main road, We own the 2nd portion of the private road and our next door neighbour owns the third portion. [the third portion is where our plot of land is.]We would like to know if a 40 yr right to access this plot can be applied for.
Thanks for your enquiry.
If you are sure that the Plot of land was not granted any express rights of way over the private road, when it was gifted in 1969, you would have to show that the owners of the Plot have used the private road for 20 years or more, without hindrance or dispute. If so, the Plot has gained a right of way by prescription.
If this is not the case, you could of course grant the plot a right of way over your section of the private road, but the other 2 owners of the remaining sections of the private road wouls also need to be approached to grant a similar right over their respective portions.
I hope this answers your question, and if so, I would be grateful if you could press the Accept button.
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