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Aston Lawyer
Aston Lawyer, Solicitor
Category: UK Law
Satisfied Customers: 10181
Experience:  LLB (HONS) Over 23 years legal experience specialising in Property law and Wills/Estates
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Do I have access to land that I have just bought if someone

Customer Question

Do I have access to land that I have just bought if someone else owns the private road to get to it
Submitted: 1 year ago.
Category: UK Law
Expert:  Aston Lawyer replied 1 year ago.

Hi,

Thanks for your enquiry.

Just because someone else owns the road does not necessarily mean that you do not have a right to use the road.

You need to check the Deeds to your land, to see if there is a right of way granted for the benefit of your land.

If you do have your Deeds to hand, please feel free to attach and send them to me, so I can have a look for you.

I will look forward to hearing from you.

AL

Customer: replied 1 year ago.
I actually own the road my dad did own the land and sold it some years ago but no access was granted the person who has just bought the land again say they have access the road is marked on my deeds and we have to give access to the two property past us. But should they not of asked me if they have access or to be granted access and they seem to think no one owns the road and is public. There is a public bridal way which runs along the river bank
Expert:  Aston Lawyer replied 1 year ago.

Hi,

Thanks for your reply.

If no access was granted by your father when he sold the land, and there was not already a right of way granted to the land by the previous owner of the road, then the owner of the land does not have any legal right of way.

There is a proviso however- if the past and current owners of the land have been using the road, without dispute, for 20 years or more, the land acquires what is called "a prescriptive right of way", meaning in simple terms that the land has an established legal right to use and continue to use the road. This right is created automatically after 20 years usage, and it is not even necessary for the owner of the land to notify you of this acquired right.

I am not sure how long ago your Father sold the land, but if the land has been using the road to gain access to the land for 20 years or more, the

new owner does indeed have a legal right to carry on using the road for access purposes.

If the land has not had the benefit of using the road for 20 years, then the new owner has no legal right to use your road, and you are within your rights to stop him from using it. Alternatively, for a cash sum, you could consider granting him a formal right of way.

I hope this assists and sets out the legal position.

Kind Regards

Al

Customer: replied 1 year ago.
Also as the land is riverbank and dad sold it for grazing would the buyer have got the river rights IE mooring and fishing I know the solicitors who dealt with it all would they be able to tell me
Expert:  Aston Lawyer replied 1 year ago.

Hi,

Apologies for the delay- I have had a glitch glitch with my computer.

You would need to speak to the Solicitors who dealt with the Sale, I'm afraid.

I hope I have been able to assist you in your original question, and if so, I would be grateful if you could rate my answer.

Kind Regards

Al

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