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A few right of way questions regarding an estate divided into plots

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  • A few right of way questions regarding an estate divided into plots

    Hi.

    A person who owns an estate with numerous properties on sells all but one of them to a developer with those deeds stating the retained property freeholder will have a right of entry over the sold estate with the resident continuing to enjoy all easements (I'm guessing quasi), privileges etc over the sold land. The developer then sells the other properties without mentioning these rights - what are their legal status? I'm assuming they are still valid and the properties still bound by them? Is there a name for this scenario?

    Also, has it ever been known for a developer to reserve a temporary right of way primarily to stop someone putting up fencing until after that developer has sold all the properties and that right of way is extinguished?

    If a freeholder has a right of entry is it automatically of benefit to the headlease holder?

    Thanks.
    Tags: None

  • #2
    I would expect that right to be to continue to have access to the retained property an services that were already in place to the rest of the development. In other words, just making sure that he has not retained the house but cannot get to it and can continue to use services such as power, water and right of way, .

    Others with more knowledge than I may be able to offer guidance

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