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Thomas, Lawyer
Category: UK Property Law
Satisfied Customers: 7434
Experience:  BA (Hons), PgDip, Practising Solicitor
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I own a commercial business and the neighboring property has

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I own a commercial business and the neighboring property has a right of access over my land. The gate which gives the neighboring business access has been closed for the last 5 years but has recently been opened and used by the tenant. We have never denied that there is a right of access, but the tenant using the access occupies two premises on the same piece of land, but the one property has it's own separate entrance. He is using the access over our land for access to both premises which we d not believe is correct. We have recently seen a copy of his tenancy agreement which does not extend the right of access from either building over our land by his landlord. Does this mean that the tenant has no right of access over our land at all and it is only extended to the land owner? Also could they overcome this by simply drawing up a new lease or is the current one sufficient for him not to be allowed to use the access? I hope this makes sense. Many thanks. Gwen

Can you give me the wording of the rights of access please?

Customer: replied 3 years ago.

The wording on the landlord's deed states that he has the right to pass and repass with any vehicle and at any time. I do not have the exact wording as the deed is in my business. That is what the deed grants the land owner but he does not seem to have extended the right to his tenant in the lease. Does this matter?

I will answer at 9

Thanks for your patience.

The easement technically attaches to the land, so if a person holds a legal estate in the landlord’s land then they would usually have the right to use the easements which attach to the land.

In normal circumstances, I would say that the tenant can use the land. However, in usual circumstances the tenancy agreement or lease which the tenant has would state that they have the right to benefit from those easements in the landlord’s title.

The problem is that you do not have any privity of contract under the lease because it is a private matter between the landlord and the tenant.

I would approach the landlord and ask them to enforce the non-use of the gate on the basis that they are not given such a right in the Lease.

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