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Thomas, Lawyer
Category: UK Property Law
Satisfied Customers: 7609
Experience:  BA (Hons), PgDip, Practising Solicitor
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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: 5 years ago.
Category: UK Property Law
Expert:  Thomas replied 5 years ago.
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.
Customer: replied 5 years ago.
Unfortunately NO.
Expert:  Thomas replied 5 years ago.

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.
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Kind regards,

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