How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Thomas Your Own Question
Thomas
Thomas, Lawyer
Category: UK Property Law
Satisfied Customers: 7473
Experience:  BA (Hons), PgDip, Practising Solicitor
28732269
Type Your UK Property Law Question Here...
Thomas is online now
A new question is answered every 9 seconds

I have been paying the local authority for the last 13 years

Resolved Question:

I have been paying the local authority for the last 13 years to access the garage at the rear of my property. The local have now put the piece of land up for sale, if a local developer purchases this piece of land, what happens to the access to the rear of my property.
Regards, Tony.
Submitted: 4 years ago.
Category: UK Property Law
Expert:  Thomas replied 4 years ago.
Hi
Thanks for your question.
To enable me to answer your question could you please respond to the following using the same numbering:-
1. Can you access this land otherwise than by the right you have been paying the council for? Ie. Is there public land by which you can reach the garage (albeit that it may be a longer route)

Kind regards.
Tom
Customer: replied 4 years ago.
Unfortunately NO.
Expert:  Thomas replied 4 years ago.
Hi,

Thanks for your question.

I right must have been exercised for 20 years before you automatically legally acquire it by prescription and the fact that the council were aware of the right/made you pay would be a difficulty in any event.
If the land is sold to a developer and they wish to either refuse you access or increase their charges to an unreasonable level then you would have to apply to Court for an order of Easement By Necessity. The Court can make an order that you should have a right of way over the land if you are able to show that you the easement is absolutely for the enjoyment of land that you own. If you cannot access the garage over public land then you would meet this criteria.
Obviously, you shoul attempt to negotiate with the developer first, but this is your option if such negotiations are fruitless. You would probably need a solicitor to draft the application for you though.
If this has been useful please kindly click accept so that I may be rewarded for my time. If you do not click accept your money stays with the site and I do not receive any credit for the time I have taken to answer your question. You will not be charged any further money for clicking accept.


Kind regards,


Tom
Thomas and other UK Property Law Specialists are ready to help you

Related UK Property Law Questions