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 Aston Lawyer Your Own Question
Aston Lawyer
Aston Lawyer, Solicitor
Category: UK Law
Satisfied Customers: 10494
Experience:  LLB (HONS) Over 23 years legal experience specialising in Property law and Wills/Estates
Type Your UK Law Question Here...
Aston Lawyer is online now
A new question is answered every 9 seconds

A deed of gift of a plot of land [half acre] was given to an

Resolved Question:

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.
Submitted: 8 years ago.
Category: UK Law
Expert:  Aston Lawyer replied 8 years ago.


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.

Kind Regards

Andy M
Aston Lawyer and other UK Law Specialists are ready to help you