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I am currently looking to purchase a rural property, the property…

Customer Question
I am currently looking to...
I am currently looking to purchase a rural property, the property was built in 1901.
The issue i have however is that access to the property is via a gated entrance that is not part of the sale and is owned along with the track that leads to the property by a seperate land owner,in the brochure from the agent they Note: A licence for vehicular access to the rear of the property may be available...
I have since been informed by the agent that this has been withdrawn by the land owner,stating that the landowner will not lease sell or otherwise grant access to this property other than for"removals and then emergency vehicles only".
The issue i have is that the property not only requires extensive imprvements but is also seviced by oil and a septic tank. The property was previously owned by British waterways.

Questions:
Do i have any legal rights?
Can a landowner legally landlock a property?


I look forward to your proffessional oppinions.

Kind regards

Gary Higgins
Submitted: 8 years ago.Category: UK Property Law
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Answered in 19 minutes by:
6/14/2010
Solicitor: DR Lawyer, Lawyer replied 8 years ago
DR Lawyer
DR Lawyer, Lawyer
Category: UK Property Law
Satisfied Customers: 2,319
Experience: BA (Hons) Pgdl Pgdlp (LPC)
Verified
Good evening Gary,

Even if there are no express rights of access in the deeds the vendor may have aquired a right of acess via prescription or there may be an easement of necessity. Easements via prescription are aquired after 20 years consecutive use by the owner and/or predecessors in title. Time using the right pursuant to a license is not taken into account. Easements via necessity will only be implied where the land is landlocked and the access is reasonably necessary for the enjoyment of the land. You may also have rights of acess under the Acess to Neighbouring Land Act 1992.

Your Conveyancer will be able to look at the deeds are provide a more substantive advice and in would ensure that you get this done before comitting to the purchase.

Regards

Dr Lawyer
Ask Your Own UK Property Law Question
Customer reply replied 8 years ago

Just for clarity.

Would Easement via necessity include on the grounds of day to day safety, where access to the property is via an unlit track with no other properties? ie for day to day use?

Solicitor: DR Lawyer, Lawyer replied 8 years ago
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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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