Right of access

[Kier70]

Hi,

We recently bought a property that owns an access road and have only one neighbouring property with access over the road. This property has an annexe where her mother and father live plus they have split the main house and rent out half. All 3 of these are on the same postal address, under the same council tax and on single utility meters.

They are also now building 3 houses which will use the access road.

So, my first question, is the splitting of a property to rent out legal and the second, are properties with right of access allowed to simply keep adding to the number of properties that use the road they don’t own?

[R0b]

A right of access is a private right of way which is normally set out in your title deeds. It will usually stipulate who has right of access, for what purpose and what, if any, restrictions there are in terms of the right of access.

I suggest you check those documents first and if you find something, post it up here because we are unable to tell you what rights your neighbour has in relation to the access.

It would be usual for the neighbour's property number and details to be specified in the right of access e.g. Number 17 John Street. If that is the case, then only number 17 John Street has a right of access so unless those 3 new houses being built are also registered as 17 John Street, the new houses may not have a right of access.

Alternatively the neighbour's access could be delineated by a demarcation of the land set out in the plan so any buildings within that marked area will have a right of access. There may be another way in which the right of access is given to your neighbour but that's your starting point which is to check the property deeds.

So to your initial question, the answer could be yes or no. If in doubt, seek a legal opinion from a property lawyer.

[des8]

Re your first question the division of the property may be lawful, but it would probably require planning permission, and if it involved structural altations to the property they would need to comply with building regulations

[dslippy]

You need the exact wording to be able to answer this properly. Such grants differ.

Assumptions are dangerous, but I would assume that the right of way benefits all parts of the land and therefore attaches to any parts furher split off.

There would be a question about the invreased burden of the access lane serving three properties, but I would expect it not to be a problem for them.

[Kier70]

Just found out that I can’t get the deeds for a while, still something going through with land registry.

dslippy, when you say “would expect it not to be a problem for them”, who are you referring to as them?

[R0b]

What do you mean you can't get the deeds? It can take up to 6 months for the LR to update the registry but you don't need your title deeds you only need the previous owner property title and plan which should have been contained in your report on title and is what your solicitor/conveyancer would have used to check if there were any restrictions, rights of way etc. and is probably how he or she found out about the right of way.

If you don;'t have it, your solicitor/conveyance should have it on their file or failing that you can log on to the LR website and pay £6 for the title and plan if its contained in there.

[Ukmicky]

A easement is attached to the land so if it’s divided into 3 parts all 3 parts will retain a ROW .

If the access point onto the ROW is set (some are some ain’t) and recorded on the register of title and plan then all 3 plots would have to access the ROW using the original access point.

[Kier70]

finally got my documents through, can anyone tell me if this is the right of access and can it be passed on to any properties that are built on to the property with access (not the owner of the piece of land)?

"A right of way for the transferee and its successors in title agents servants and visitors at all times with or without vehicles over and along the driveway shown coloured yellow on the plan annexed hereto subject to the transferee and its successors in title paying a one half part of the cost of maintaining and repairing the said driveway forming part of the property comprised in the title above referred to"

[Ukmicky]

See my previous post