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Buachaill, Barrister
Category: UK Property Law
Satisfied Customers: 10115
Experience:  Barrister 17 years experience
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if a private right of way was granted to a named individual

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if a private right of way was granted to a named individual when purchasing a property but does not specifically state that it be granted to the owners and occupiers of said property thereafter. would the right of way cease in the event of the said individuals death ?

Buachaill :

1. The short answer to your Question is NO, a right of way will not cease in the event of the named individual's death. In essence, a right of way adheres to a piece of land or an interest in land. Where a right of way is granted to a named individual, his successors and assigns, it adheres to the piece of land owned by that individual at the date of grant. This piece of land is known in law as the dominant tenement. The right of way, which is an easement in legal terms, is granted over another piece of land, known as the servient tenement. All subsequent owners of the dominant tenement can exercise the easement or right of way over the servient tenement. That is how the law works in this area.

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